Kaushal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24047 of 2015 Arising out of PS.Case No. -52 Year- 2014 Thana -PANDARAK District- PATNA ====================================================== Kaushal Kumar, S/o Late Shalesh Ram, resident of Village Raghopur Hat, P.S. Bakhtiyapu, District Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bhim Sen Prasad, Advocate. For the Opposite Party : Mr. R.P.S.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 The petitioner is languishing in custody since 22.04.2014 in connection with Pandarak P.S. Case No. 52 of 2014 for the offences instituted under Sections 25(1-b)a and 26 of the Arms Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that the officer-incharge of Pandarak Police Station has recorded self stated statement that on 21.04.2014 at about 16.00 O'clock he got a secrete information that a person wearing a red T. Shirt having pistol is moving at Rally English Chowk and receiving the same information recorded a Sanha for the same and proceeded towards Rally English Chowk alongwith other police force for taking
Patna High Court Cr.Misc. No.24047 of 2015 (2) dt.06-07-2015 2/3 proper action. When they reached Rally English Chowk, seeing the police jeep the person who wearied red colour T. Shirt started fleeing away after chasing he has been caught by the police force, on interrogation he said his name Kaushal Kumar, Son of Late Shailesh Ram, R/ V Raghopur Hat, P.S. Bakhtiyarpur, DistrictPatna, thereafter in presence of two independent witnesses, namely (1) Ajay Kumar, Son of Sri Ram Swaroop Paswan and (2) Mithilesh Mahto, S/O Ram Murti Mahto, both residents of Village-Panch Mahalla, Bind Toli, P.S. Pandarak, District-Patna, the body of the accused searched and a loaded pistol from the waist and a live cartridge were found then he has been asked for legal paper regarding the same but could not be produced by him.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that from possession of the petitioner one country made pistol and two live cartridges is said to have been recovered. It is further submitted that the petitioner is in custody since 22.04.2014. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court Cr.Misc. No.24047 of 2015 (2) dt.06-07-2015 3/3 amount each to the satisfaction of the learned A.C.J.M., Barh, Patna, in connection with Pandarak P.S. Case No. 52 of 2014. U.K./- (Sudhir Singh, J) U T