Bipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22020 of 2025 Arising Out of PS. Case No.-441 Year-2024 Thana- BANMANKHI District- Purnia ====================================================== Bipul Kumar S/O Yogendra Prasad Yadav R/O Village- Mohania, P.SBanmankhi, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 of Arms Act.

3. It is a case of recovery of two country made pistols and twelve live cartridges from the possession of the petitioner, on the alleged date of occurrence.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high

Patna High Court CR. MISC. No.22020 of 2025(2) dt.28-04-2025 2/3 handedness of police. Proper procedure of search and seizure has not been followed as there is no independent witness of the alleged seizure. The petitioner has no concern with the alleged recovery. Moreover, he is languishing in judicial custody since 06.12.2024. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, in connection with Banmankhi P.S. Case No. 441 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea with following conditions:-

Patna High Court CR. MISC. No.22020 of 2025(2) dt.28-04-2025 3/3 (i) One of the bailors should be close relative of the petitioner.

(ii) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.

(S. B. Pd. Singh, J) Nirajkrs/- U T