Patna High CourtCR. MISC./9372/2024bail granted

Prabhash Kumar Mehta v. The State Of Bihar

2024-02-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9372 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== PRABHASH KUMAR MEHTA S/O SURENDRA MEHTA R/O VILLAGETINTANGI, WARD NO. 13, P.S. CHHATAPUR (RAJESHWARI O.P.), DISTRICT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prafull Chandra Thakur For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raghopur P.S. Case No. 306 of 2023 registered on 12.08.2023 lodged under Sections 25(1-b)a/26/35 of the Arms Act.

3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the petitioner.

4. Counsel for the petitioner submits that from the petitioner's possession four live cartridges have been recovered. He has been made accused in this case only due to the reason that his antecedent is not clean.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner

Patna High Court CR. MISC. No.9372 of 2024(2) dt.20-02-2024 2/3 is in custody since 12.08.2023 having nine criminal case pending against him, in which he is on bail.

6. Learned counsel for the State opposes the prayer for bail and submits that he has nine criminal antecedent pending against him and at the time of granting bail, this fact must be taken into consideration.

7. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge if not framed yet and on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which is mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. 1st Birpur in connection with Raghopur P.S. Case No. 306 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.

• Raghopur P.S. Case no. 220/2022

Patna High Court CR. MISC. No.9372 of 2024(2) dt.20-02-2024 3/3 • Jadia P.S. Case no. 15 of 2023.

• Jadia P.S. Case no. 33 of 2023.

• Jadia P.S. Case no. 24 of 2021.

• Jadia P.S. Case no. 22 of 2019.

• Pratapganj P.S. Case no. 14 of 2019.

• Chhatapur P.S. Case no. 51 of 2019.

• Triveniganj P.S. Case no. 341 of 2019.

• Triveniganj P.S. Case no. 107 of 2020.

(Dr. Anshuman, J) Sunnykr/- U