Kumar Gaurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6289 of 2019 Arising Out of PS. Case No.-473 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Kumar Gaurav, S/O-Pramod Kumar Singh, Vill-Anand Nagar, P.S-Ara Nagar, Distt.-Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 11.12.2018 in connection with Udwant Nagar P.S. Case No.473 of 2018 registered for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

Prosecution case as per the FIR is that three persons on a motorcycle were intercepted on the road, and on search being made, arms and mobile phones were recovered. It is submitted by learned counsel for the petitioner that only on the basis of suspicion, petitioner has been made accused in the present case. There is no recovery of the arms from the possession of the petitioner and statement is made in

Patna High Court Cr.Misc. No.6289 of 2019(2) dt.05-02-2019 2/2 para 3 of the bail application that the petitioner is not having criminal antecedent.

Learned A.P.P. vehemently opposed the prayer for bail and submits that petitioner was armed with fire arms. Considering the fact that no recovery has been made from the possession of the petitioner, nature of accusation and the statement being made in para 3 of the bail application to the effect that the petitioner is not having any criminal antecedent, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ara in connection with Udwant Nagar P.S. Case No.473 of 2018. (Dinesh Kumar Singh, J) sanjeev/- U T