Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18849 of 2021 Arising Out of PS. Case No.-328 Year-2020 Thana- CHANDI District- Nalanda ====================================================== PANKAJ KUMAR SON OF ASHOK KUMAR @ ASHOK PRASAD R/O VILLAGE- SHIVCHAK, P.S.- FATUHA, DISTRICT- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Fakhruddin Ali Ahmad For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chandi P.S. Case no. 328 of 2020 instituted for the offence under Sections 25(1-B)a and 35 of the Arms Act. As per allegation in the FIR, a recovery of a bullet of 12 bore has been made from a parked Bolero vehicle. The documents with regard to the alleged vehicle and arms were not produced and were seized. Accordingly, seizure list was prepared in presence of two witnesses.

Patna High Court CR. MISC. No.18849 of 2021(2) dt.16-12-2021 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The alleged vehicle bearing Registration No. BR-01PC-8477 belongs to the father of the petitioner, namely, Ashok Kumar. Annexure-3 series annexed to supplementary affidavit is a supportive document with regard to the ownership of the alleged vehicle. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chandi P.S. Case no. 328 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Hilsa (Nalanda) subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U