Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24311 of 2021 Arising Out of PS. Case No.-724 Year-2020 Thana- SUPAUL District- Supaul ====================================================== PINTU KUMAR Son of Chandeshwari Yadav Resident of Village - Chaughara ward no.- 5, P.S.- Supaul, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Md.Anbzarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Supaul P.S. Case No.724 of 2020, registered for the offence punishable under Sections 25(1-b) A, 26 of the Arms Act.

Allegation against the petitioner is that he was apprehended by the police near a Bank and on search, a country made pistol loaded with a live cartridge was recovered from his possession. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as

Patna High Court CR. MISC. No.24311 of 2021(2) dt.20-09-2021 2/2 alleged in the FIR. No offence as alleged has ever taken place. He has been falsely implicated in this case due to village politics. No incriminating article has been recovered from the conscious physical possession of the petitioner and recovery as shown in the FIR/seizure list is false and concocted and it is planted one. The seizure list witnesses are not the local persons and seizure list is not according to law. The petitioner has no criminal antecedent and has been languishing in custody since 22.10.2020. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case and the custody of more than ten months, the above named petitioner is directed to 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 Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No.724 of 2020.

However, learned trial court is directed to verify the criminal antecedent of the petitioner before accepting the bail bond.

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