Patna High CourtCR. MISC./1095/2024bail granted

Virat Kumar v. The State Of Bihar

2024-01-18Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1095 of 2024 Arising Out of PS. Case No.-623 Year-2023 Thana- SUPAUL District- Supaul ====================================================== VIRAT KUMAR SON OF GOPAL YADAV RESIDENT OF RATARA WARD NO.1, P.S. - ROTARA, DISTRICT - KATIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anup Pandey, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Supaul P.S. Case no.623 of 2023 registered under sections 420, 467, 468, 471 and 34 of the Indian Penal Code and under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, on checking of the vehicle, the petitioner who was on a motorcycle did not produce any document with respect to the same. He was taken into custody. It is further stated that a firearm was recovered from the person who was riding pillion along with the petitioner.

4. It is the case of the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession. The

Patna High Court CR. MISC. No.1095 of 2024(2) dt.18-01-2024 2/2 motorcycle belonged to the close relative of the petitioner which would be evident from the registration certificate of the vehicle which has been brought on record as Annexure-2 to this petition. The petitioner is in custody since 31.7.2023 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the contents of the petition specially the certificate of registration brought on record as Annexure-2 to the petition, the petitioner being in custody for more than 5 months since 31.7.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Supaul P.S. Case no.623 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, Supaul.

(Partha Sarthy, J) Saurabh/- U T