Ankit Kumar @ Prashetam Kumar @ Purshotam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9244 of 2023 Arising Out of PS. Case No.-587 Year-2022 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ankit Kumar @ Prashetam Kumar @ Purshotam Kumar Son Of Rajendra Singh R/O Village- Checharhi, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)A, 26 of Arms Act.

As per allegation in the FIR, one country made pistol and two live cartridges have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent. Neither there is

Patna High Court CR. MISC. No.9244 of 2023(2) dt.17-04-2023 2/3 any eye witness nor there is any independence witness of the alleged seizure. It is further submitted that petitioner was implicated by the police while he was riding on the motorcycle and all the recovery has been made from the possession of co-accused Bablu Kumar. Only because he was on the said motorcycle accompanying the co-accused, he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 19.09.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Aurangabad Town P.S. Case No. 587 of 2022 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.9244 of 2023(2) dt.17-04-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad.

(Sunil Kumar Panwar, J) Nirajkrs/- U T