Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7988 of 2019 Arising Out of PS. Case No.-462 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Nitesh Kumar, S/o Suresh Ram, Resident of village-Neknam Tola, P.S.- Barhara, District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 02.11.2018 in connection with Barhara P.S. Case No.462 of 2018 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25 (1-B)a, 26 and 35 of the Arms Act.

Prosecution case as per the self written statement of S.I. Udai Pratap Singh recorded on 11.11.2018 at 3.00 P.M. is to the effect that during patrolling, a secret information was received that some accused persons were collecting the arms and ammunition for purpose of committing a serious offence, whereupon, on a check post, a Bolero vehicle and a Bullet motorcycle were intercepted and three persons were apprehended who disclosed their name as

Patna High Court Cr.Misc. No.7988 of 2019(2) dt.13-02-2019 2/2 Krishna Pandey, Sumit Pandey and Shubham Kumar. Apprehended co-accused disclosed that they purchased the arms from the petitioner whereupon a raid was laid on the house of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner was not apprehended from the spot and the recovery has not been made from the possession of the petitioner. A statement has been made in paragraph no.3 that the petitioner is not having any criminal antecedent.

Learned A.P.P. has vehemently opposed the prayer for bail and submits that the name of the petitioner sprang up on the statement of apprehended accused.

Considering the nature of accusation no recovery being made from the possession of the petitioner coupled with the fact that statement has been made in para 3 of the bail application that the petitioner is not having any criminal antecedent, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Barhara P.S. Case No.462 of 2018. (Dinesh Kumar Singh, J) sanjeev/- U T