Patna High CourtCR. MISC./1485/2024bail granted

Prem Kumar v. The State Of Bihar

2024-01-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1485 of 2024 Arising Out of PS. Case No.-32 Year-2013 Thana- GOPALPUR District- Bhagalpur ====================================================== PREM KUMAR SON OF BINDESHWARI YADAV RESIDENT OF VILLAGE - PURAINA, P.S. - KORMA, DISTRICT - SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Gopalpur (Rangra) P.S Case no.32 of 2013 registered under sections 420, 419, 467, 468, 471 and 120B of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, on checking having been carried out by the informant of the persons employed by a private security company, it is stated that a gun and three cartridges were recovered from the possession of the petitioner and he did not produce any licence.

4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 16.5.2023 (Annexure-1) passed in Cr. Misc. no.18105 of

Patna High Court CR. MISC. No.1485 of 2024(2) dt.12-01-2024 2/2 2023. The petitioner is in custody since 7.11.2022 and has remained in custody for more than 6 months since the last order of rejection.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the petitioner being in custody for more than 1 year since 7.11.2022, the observation given in the earlier order of rejection dated 16.5.2023 and more than 6 months having passed since the said order of rejection, the petitioner is directed to be enlarged on bail in connection with Gopalpur (Rangra) P.S Case no.32 of 2013 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 III, Nawagachhiya (Bhagalpur).

(Partha Sarthy, J) Shiv/- U T