Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13910 of 2019 Arising Out of PS. Case No.-540 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== BHAVESH KUMAR Son of Ghutar Prasad Singh @ Ghutar Singh, Resident of Village - Ramdiri Tola Mahaji, Dukhutti, P.S.- Matihani, Distt - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-03-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Barauni (Zero Miles) P.S. Case No. 540 of 2018 for the offences punishable under Section 188 of the Indian Penal Code, Section 25(1-b)a, 26, 35 of Arms Act and Section 37(c) of Bihar Prohibition and Excise Act, 2016.

The police is said to have received information that certain miscreants had shot one person, namely, Vijay Ram @ Mato after entering into his shop and when the police reached at the place of occurrence, three miscreants were found to be fleeing away, however, two of them were arrested and the petitioner is said to be one of them. Upon search, one country made pistol was recovered from the co-accused person, namely,

Patna High Court CR. MISC. No.13910 of 2019(2) dt.06-03-2019 2/2 Rakesh Kumar @ Munna Singh, however, as far as the petitioner is concerned, two live cartridges were recovered. The learned counsel for the petitioner submits that the present case has been lodged only under the Arms Act and as far as allegation of firing of gun shot on aforesaid Vijay Ram is concerned, another case has been lodged, hence the present case has to be examined in terms of the allegation levelled in the present case, however, as far as the petitioner is concerned, it is submitted that only two live cartridges were recovered and the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is languishing in custody since 17.11.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II- cum Special Judge Excise, Begusarai in connection with Barauni (Zero Miles) P.S. Case No. 540 of 2018.

Tiwary/- (Mohit Kumar Shah, J) U T