Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8705 of 2019 Arising Out of PS. Case No.-1341 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SURAJ KUMAR, S/o Umesh Kumar @ Umesh Prasad, Village-Shekhpura, P.S-Ahiyapur, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yashraj Bardhan For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 17.12.2018 in a case registered for the offence punishable under Sections 25(1-B)a, 26,35 of the Arm Act. It is alleged that from the possession of the petitioner one loaded pistol having logo of USA and four live cartridges were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery

Patna High Court Cr.Misc. No.8705 of 2019(2) dt.14-02-2019 2/2 has been made from the conscious physical possession of the petitioner.

Considering the period of custody and coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released 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 CJM, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1341 of 2018. (Dinesh Kumar Singh, J) Ashwini/- U T