Patna High CourtCR. MISC./17260/2024allowed

Rohit Kumar v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17260 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== ROHIT KUMAR SON OF SHIV KUMAR MAHTO R/O-BAHADURPUR PATORY, P.S.-PATORY, DISTT.-SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== 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(9), 25(1B)a, 26, 35 of the Arms Act.

3. As per allegation in the FIR, a video was going viral in which the petitioner was holding a pistol in his hand at his birthday party, which was seized by the police.

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. The petitioner has no concerned with the alleged arms seized by the police. The petitioner was arrested on the basis of a viral video and no any cogent material has come against him. He has got no criminal

Patna High Court CR. MISC. No.17260 of 2024(2) dt.14-03-2024 2/2 antecedent as stated para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 4.1.2024.

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 period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Patory P.S. Case No. 2 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Samastipur.

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