Amritesh Kumar @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13789 of 2024 Arising Out of PS. Case No.-174 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Amritesh Kumar @ Pappu Son of Kailash Bhagat Resident of VillageBalkrishanpur Marwa, P.s.- Vidyapati Nagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Vidyapati Nagar P.S.case N.174/23 registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.

3. As per the allegation made in the FIR, the Sub Inspector of Police upon information raided the Potato godown of the petitioner where unlicencee country-made pistol was found in the Counter of the shop of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and the recovery of the Pistol from the Counter of the shop of the petitioner was made behind his back and no seizure list was

Patna High Court CR. MISC. No.13789 of 2024(3) dt.24-04-2024 2/3 prepared in the presence of any staff of the petitioner. The seizure list is the table work of the Investigating Officer. FIR has been lodged by the Police Officer, who has inimical terms with the petitioner. Petitioner is a dignified business man. Petitioner has criminal antecedent of two cases and one of them is of similar nature, which was lodged against the petitioner by the father of one of the witnesses to the seizure list, namely Yodhan Mahto with the vested interest.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the earlier the father of one of the witnesses to the seizure list, namely, Jodhan Mahto had lodged Vidyapati Nagar P.S.Case No.173 of 2023 against the petitioner. Prima facie the petitioner has made out a case to be released on bail, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM II Dalsingsarai, District Samastipur/concerned court, in connection

Patna High Court CR. MISC. No.13789 of 2024(3) dt.24-04-2024 3/3 with Vidyapati Nagar P.S.Case No.174 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U