Patna High CourtCR. MISC./3470/2024bail granted

Akash Singh v. The State Of Bihar

2024-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3470 of 2024 Arising Out of PS. Case No.-72 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Akash Singh S/O Umesh Singh @ Sumesh Singh R/O Village- Puraini Kall, P.S- Agiaw Bazar, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Tarari P.S. Case No. 72 of 2023 instituted for the offences under Sections 414 of the Indian Penal Code and Section 25 (1-b)A 26/35 of the Arms Act.

3. Prosecution case relates to recovery of three android mobile phones from trousers of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case merely on suspicion. He further submits that the petitioner has nine criminal antecedents but, in all, he is on bail. He again points out that nothing has been recovered from the possession of the petitioner. Charge-sheet has been submitted in

Patna High Court CR. MISC. No.3470 of 2024(2) dt.29-01-2024 2/2 this case.

5. Learned counsel for the petitioner further submits that the co-accused/Niraj Sah, from whose possession one country made pistol along with one live cartridge was recovered, has been granted bail by a Co-ordinate Bench of this Court vide order dated 10.01.2024 passed in Cr. Misc. No. 83909 of 2023.

6. The petitioner is languishing in judicial custody since 23.04.2023.

7. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

8. Considering the entire facts and circumstances of the case as also taking into account the period of custody, let the petitioner, abovenamed, be released on bail after framing of charge if the charge is not framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Tarari P.S. case No. 72 of 2023. (Rudra Prakash Mishra, J) rishi/- U T