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Patna High CourtCR. MISC./10359/2022allowed

Prince Kumar v. The State Of Bihar

2022-08-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10359 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Prince Kumar S/O Janeshwar Pandey Resident Of Anand Nagar Arrah, P.S.- Arrah Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mrs. Usha Kumari Singh, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2022 Learned senior counsel for the petitioner has filed the supplementary affidavit today in the Court. Let it be kept on record.

Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 25(1B)a/35 of the Arms Act. One country made pistol loaded 315 bore live cartridge and 7.65 bore 10 empty cartridges were found on road.

Patna High Court CR. MISC. No.10359 of 2022(2) dt.03-08-2022 2/3 Nearby person stated before the police that the petitioner fled away after firing upon the injured.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that nothing has been recovered from the conscious possession of the petitioner. Petitioner is a student and only on suspicion he has been made accused in this case. He submits that the country made pistol has been recovered in front of the house of one Anjani Kumar. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that the petitioner has been made accused on the basis of suspicion, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.10359 of 2022(2) dt.03-08-2022 3/3 pending/successor court in connection with Ara Nagar P.S. Case No. 219 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T