Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16140 of 2019 Arising Out of PS. Case No.-291 Year-2018 Thana- BARHIYA District- Lakhisarai * ====================================================== PAPPU KUMAR son of Late Chaturbhuj Singh Resident of Village - East Malahi, P.S. - Barh, District - Patna (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-03-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barhaiya P.S. Case No. 291 of 2018 registered for the offence punishable under Sections 25(1-b)A, 26(i) (ii)/35 of the Arms Act.

The allegation is regarding the Police having arrested some persons who were preparing for commission of crime and the said three arrested co-accused persons had disclosed that illegal arms were being kept by the husband of the Mukhiya of the village and the petitioner was custodian of the same. Upon search of the said three accused persons, illegal arms were recovered.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.16140 of 2019(2) dt.26-03-2019 2/2 the petitioner has been falsely implicated in the present case, no recovery has been made from the conscious possession of the petitioner and there is no material on record to connect the petitioner with the alleged recovered arms. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 24.12.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Barhiya P.S. Case No. 291 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T