Abinandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10201 of 2024 Arising Out of PS. Case No.-318 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Abinandan Kumar S/o Ram Nath Sahni R/o Village - Maniyarpur, P.S. - Warisnagar, Dist. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pramod Kumar Singh, Advocate For the State :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 318 of 2022 instituted for the offence under Sections 25(1-B)a, 26, 35 of the Arms Act. 3.

As per prosecution case, there is recovery of one loaded country made pistol and eight live cartridges from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-10-2022. Petitioner bear one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.10201 of 2024(2) dt.21-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered arms. Nothing has been recovered from the conscious possession of the petitioner. Other co-accused have been allowed bail by Coordinate Bench of this Court passed in Cr. Misc. No. 64558 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. Case No. 318 of 2022.

(Rudra Prakash Mishra, J) Raj Kishore/- U T