Patna High CourtCR. MISC./86156/2024bail granted

Ravi Kashyap Mishra @ Nepali v. The State Of Bihar

2024-12-10Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86156 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Ravi Kashyap Mishra @ Nepali Son of Mahachandra Mishra Resident of Village- Sapta, P.S.- Rahika, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Rahika P.S. Case No. 121 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, recovery of one country made pistol and one live cartridge have been made from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.86156 of 2024(2) dt.10-12-2024 2/2 also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 04.06.2024 and has got two criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 22.10.2024 passed in Cr. Misc. No. 75178 of 2024. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rahika P.S. Case No. 121 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T