Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18213 of 2015 Arising Out of PS.Case No. -212 Year- 2014 Thana -PARSABAZAR District- PATNA ====================================================== Amit Kumar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.19317 of 2015 Arising Out of PS.Case No. -212 Year- 2014 Thana -PARSABAZAR District- PATNA ====================================================== Subodh Kumar .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.18213 of 2015) For the Petitioner/s : Mr. Shashi Shekhar Kumar Prasad-Advocate For the Opposite Party/s : Mr. Asha Devi(A.P.P.) (In Cr.Misc. No.19317 of 2015) For the Petitioner/s : Mr. Kamlendra Pd. Singh-Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

Criminal Miscellaneous No.18213 of 2015 wherein Amit Kumar is the petitioner and Criminal Miscellaneous No.19317 of 2015 wherein Subodh Kumar is the petitioner commonly originate out of Parsa Bazar P. S. Case no.212 of 2014 and on account thereof, have been heard conjointly and are being disposed of by a common order.

From the possession of petitioner, Amit Kumar, there happens to be recovery of two loaded pistols while from the possession of petitioner Subodh Kumar, there happens to be recovery of one loaded pistol, on account of search having been conducted by the police after their apprehension at 2.15 a.m. in the night of 08.12.2014.

It has been submitted on behalf of petitioner, Amit Kumar that he has got no criminal antecedent and is under custody since 09.12.2014. So, he may be enlarged on bail. So far petitioner, Subodh Kumar is concerned, it has been submitted that he happens to be an accused in a case registered under Section 366A of the I.P.C. Furthermore, only one firearm has been alleged to be recovered from his possession. Taking into account the recovery of two firearms, from the possession of petitioner, Amit Kumar, I do not see it a fit case for grant of bail for the present.

Accordingly, prayer of petitioner, Amit Kumar for bail is rejected.

With regard to petitioner Subodh Kumar, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Indrani Kiskoo, Judicial

Magistrate, 1st Class, Patna/ successor in office in connection with Parsa Bazar P. S. Case no.212 of 2014.

(Aditya Kumar Trivedi, J) Vikash/- U T