Kiran Deo Kumar @ Kiran Dev Kumar @ Shibam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15896 of 2024 Arising Out of PS. Case No.-134 Year-2023 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== Kiran Deo Kumar @ Kiran Dev Kumar @ Shibam Kumar, Son of Kapildev Mahato, Resident of Village- Barua Raun, P.s.- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Adv.

For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)A, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol and one live cartridge from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the

Patna High Court CR. MISC. No.15896 of 2024(2) dt.12-03-2024 2/2 present case by the police. He further submitted that the police after applying the third degree method, recorded his confessional statement and shown that the implication of the petitioner in the present occurrence. He is languishing in judicial custody since 01.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1, Jhanjharpur, Madhubani in connection with Bhairavshtan P.S. Case No. 134 of 2023.

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