Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2172 of 2023 Arising Out of PS. Case No.-174 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== AMAN KUMAR S/o Sabal Kishor Yadav R/o Village- Chandika Asthan @ Chandi Sthan, Jamhara @ Jamhra, Ward No 10, P.S.- Sonbarsa Raj, DisttSaharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case, in brief, is that the informant along with police personnel were on patrolling duty, they arrested the petitioner including co-accused person. Thereafter, a loaded country made pistol was recovered from this petitioner and a live cartridge along with motorcycle was recovered from co-accused person.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. According

Patna High Court CR. MISC. No.2172 of 2023(2) dt.28-03-2023 2/2 to FIR, a loaded country made pistol was recovered from possession of this petitioner but it appears from the seizure list that the alleged pistol was recovered on pitch road situated in from the house of Arun Yadav. The petitioner has no concern with the alleged arms which was seized by the police and his has falsely been made accused in the present case. It is further submitted that the petitioner is languishing in judicial custody since 13.8.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gwalpara P.S. Case No. 174 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Uda-Kishunganj, Madhepura. (Sunil Kumar Panwar, J) Amandeep/- U T