Sri Kant Kumar @ Mukha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12680 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- DAWATH District- Rohtas ====================================================== SRI KANT KUMAR @ MUKHA Son of Ramdular Singh R/v- Bhundadih, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

The prosecution case, in brief, is that the informant along with police personnel raided the house of the co-accused Brijesh Kishore Yadav and on search, two country made pistols along with seven live cartridges were recovered. On the basis of disclosure of petitioner, the aforesaid arms have been recovered.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.12680 of 2023(2) dt.24-04-2023 2/3 the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner has no concern with the alleged arms which was seized by the police from house of co-accused Brij Kishor Yadav. It is further submitted that only material against the petitioner is his self confessional statement before the police in connection with Bikramganj P.S. Case No. 235 of 2022 which is inadmissible in the eye of law. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 12.6.2022. Similarly situated co-accused person, namely, Om Prakash @ Om Prakash Singh has been granted Bail vide order dated 12.04.2023, passed in Cr. Misc. No. 8170 of 2023 by this Court.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case

Patna High Court CR. MISC. No.12680 of 2023(2) dt.24-04-2023 3/3 as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dawath P.S. Case No. 125 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas.

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