Patna High CourtCR. MISC./85472/2019bail granted

Badal @ Chandramohan v. The State Of Bihar

2020-01-07Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85472 of 2019 Arising Out of PS. Case No.-337 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== BADAL @ CHANDRAMOHAN Son of Tapeshwar Sah Resident of VillageSirazabad, P.S-Sakra, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sakra PS case no. 337 of 2019 instituted for the offence punishable under Section 414 of Indian Penal Code and 25(1-b)a/26/35 of Arms Act.

The allegation is regarding recovery of U.S.A. made pistol from the petitioner herein while the petitioner and one other person were apprehended by the police at Chaurasiya line hotel at N.H. 28. It is further alleged that one motorcycle without registration number and one mobile phone were also recovered from the said two accused persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.85472 of 2019(2) dt.07-01-2020 2/2 implicated in the present case. It is further submitted that while considering the prayer for bail of the petitioner, the Court may consider the period of incarceration, inasmuch as the petitioner is languishing in custody since 08.07.2019 i.e. for almost a period of 06 months.

Having regard to the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioner as also the fact that the petitioner is languishing in custody for the last six months, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge XIII-cum-A.C.J.M.-IV, Muzaffarpur in connection with Sakra PS case no. 337 of 2019.

(Mohit Kumar Shah, J) rinkee/- U T