Ankush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17233 of 2024 Arising Out of PS. Case No.-1183 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Ankush Kumar Son Of Prem Chandra Yadav @ Pappu Yadav Resident Of Village - Shovni Chowk, Police Station - Gangour (KHAGARIA), District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a and 35 of the Arms Act.

3. As per FIR, petitioner along with other co-accused persons assaulted and abused the informant but after some time, the matter was pacified. Thereafter, at evening, the petitioner along with other co-accused persons came at the house of the informant and started firing but did not hit anyone. Police raided the house of the petitioner where petitioner along with other coaccused persons had already fled from there. Thereafter, police recovered a country made pistol along with four cartridges from

Patna High Court CR. MISC. No.17233 of 2024(2) dt.14-03-2024 2/3 the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner was not apprehended on spot and nothing has been recovered from his conscious possession. From where, the recovery has been made, is a joint property of the petitioner in which several persons are residing and petitioner had no knowledge about the aforesaid seized arm and ammunition. It is further submitted from para-12 of this petition that for the same occurrence, another case has been filed in Khagaria (Gangour) P.S. Case. No. 1182 of 2023. Moreover, the petitioner is languishing in judicial custody since 19.12.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khagaria (Gangour) P.S. Case No. 1183 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.17233 of 2024(2) dt.14-03-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Khagaria. (Sunil Kumar Panwar, J) Shubham/- U T