Md. Kamal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1382 of 2024 Arising Out of PS. Case No.-107 Year-2023 Thana- KORHA District- Katihar ====================================================== MD. KAMAL S/o Late Md. Yunus @ Goltu R/o Village-Marghi Musapur, P.S-Korha, District-Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rounak Kumar Singh (Pankaj), Advocate Mr. Diwakar Sinha, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Korha P.S. Case no.107 of 2023 registered under sections 489B, 489C and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that on receiving secret information, a raid was conducted at the house of the petitioner. His wife was arrested and fake currency notes and a country made revolver was recovered.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession or his house. In any case the petitioner was not arrested at the spot. The wife of the petitioner who was arrested namely Sanjari
Patna High Court CR. MISC. No.1382 of 2024(2) dt.24-01-2024 2/2 Khatoon has been enlarged on bail vide order 28.7.2023 passed in Cr. Misc. no.46649 of 2023. He is in custody since 23.6.2023 and has no criminal antecedent. Investigation in the case has concluded.
5. Learned counsel for the petitioner submits that there is a typographical error in paragraph no.13 of the petition wherein the date since which the petitioner is in custody has been wrongly mentioned as 26.3.2023 in place of 23.6.2023
6. Heard learned A.P.P. for the State.
7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having any criminal antecedent, grant of bail to the above named coaccused who was arrested at the spot, the petitioner being in custody more than six months since 23.6.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Korha P.S. Case no. 107 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar.
Bibhash (Partha Sarthy, J) U T