Patna High CourtCR. MISC./18929/2024bail granted

Gadar Kumar v. The State Of Bihar

2024-03-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18929 of 2024 Arising Out of PS. Case No.-851 Year-2023 Thana- AMARPUR District- Banka ====================================================== Gadar Kumar S/o Fokan Paswan @ Fekan Paswan R/o VILL-BHARKO, P.S. AMARPUR, DISTT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. case No. 851 of 2023 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., on the basis of viral photograph of this petitioner, the police apprehended this petitioner and on his confessional statement, recovery of country-made katta and five live cartridges was made from the house of the co-accused Chhotu Kumar.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case only on the basis of suspicion. No incriminating article has been

Patna High Court CR. MISC. No.18929 of 2024(2) dt.15-03-2024 2/2 recovered from the conscious possession of the petitioner. The alleged recovery of arms and ammunitions is attributed to coaccused Chhotu Kumar and the petitioner has got no concern with the said recovery. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. case No. 851 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T