Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13349 of 2025 Arising Out of PS. Case No.-664 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Amit Kumar, Male, aged about 21 years, Son of Suresh Paswan, R/O villageMunshi Bazar, PS -Harsidhi, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar, Advocate For the Opposite Party :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Harsidhi P.S. Case No. 664 of 2024 dated 06.12.2024 registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, one live cartridge was recovered from the possession of the petitioner. It is further alleged that the police also raided the house of the petitioner and from his bed, one country made pistol was recovered which was kept below the pillow.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.13349 of 2025(2) dt.20-03-2025 2/3 this case. It is submitted that no incriminating has been recovered from his possession rather the same is recovered from the joint house of the petitioner. There is no statutory compliance of Section 100 of the Cr.P.C. He has no concern with the alleged offence. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 07.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Harsidhi P.S. Case No. 664 of 2024 with further conditions:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.13349 of 2025(2) dt.20-03-2025 3/3 II. If the petitioner is found involved in similar nature of offence in future, his bail bond is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T