Bijendar Kumar @ Vijendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1344 of 2024 Arising Out of PS. Case No.-100 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Bijendar Kumar @ Vijendra Singh, Son of Mahindar Mahto, Resident of Village- Chharapatti PS -Alauli, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Buddhi Lal Yadav, Advocate Mr. Shekhar Kr. Singh, Advocate Mrs. Pooja Kumari, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Morkahi P.S. Case no. 100 of 2023 registered under sections 25(8), 26(1)(2) and 35 of the Arms Act.

3. As per the prosecution case, nine live cartridges and two mobile phones were recovered from the petitioner's possession besides other articles from other accused persons.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. He has no criminal antecedent and has been falsely implicated in the case. He is in custody since 5.8.2023.

5. The application for bail is opposed by learned APP

Patna High Court CR. MISC. No.1344 of 2024(3) dt.21-03-2024 2/2 for the State.

6. A report was called for with respect to the antecedent of the petitioner. As per the report received contained in letter dated 31.1.2024 of the Superintendent of Police, Khagaria, the petitioner has no criminal antecedent.

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, his not having any criminal antecedent and the petitioner having remained in custody for 7 months since 5.8.2023, the petitioner is directed to be enlarged on bail in connection with Morkahi P.S. Case no.100 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 Additional Chief Judicial Magistrate-IVth, Khagaria. (Partha Sarthy, J) avinash/- U T