Patna High CourtCR. MISC./10005/2019disposed

Kamal Kumar @ Kamal Kumar Sahni v. The State Of Bihar

2019-02-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10005 of 2019 Arising Out of PS. Case No.-532 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KAMAL KUMAR @ KAMAL KUMAR SAHNI aged about 21 years Gender-Male Son of Shri Dipak Sahni Resident of Village - Nimachandpura, P.S.- Nimachandpura District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Town P.S. Case No. 532 of 2018, registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-b), A/26/35 of the Arms Act.

The allegation is regarding the petitioner and other co-accused person, standing near the main gate of the civil court in suspicious condition, having been apprehended by the police and on search, one loaded country made pistol was recovered from the petitioner herein and two live cartridges were recovered from the co-accused person apart from the recovery of one motorcycle.

Patna High Court Cr.Misc. No.10005 of 2019(2) dt.19-02-2019 2/2 The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and as far as the other three cases pending against him are concerned, the petitioner is on bail in two cases. The petitioner is stated to be languishing in custody since 28.08.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner on regular bail upon completion of six months of custody. i.e. with effect from 28.08.2018 and subject to such conditions as may be imposed by the learned Chief Judicial Magistrate, Begusarai in connection with Town P.S. Case No. 532 of 2018. With the aforesaid direction, the present bail petition is disposed of.

(Mohit Kumar Shah, J) ajay gupta/- U T