Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31463 of 2021 Arising Out of PS. Case No.-709 Year-2020 Thana- MAHUA District- Vaishali ====================================================== MOHAN KUMAR Son of Shri Narayan Singh Resident of village - Lakshamipur, P.S. - Mahua, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-12-2021 Heard Mr. Anuj Kumar, learned counsel for the petitioner and Mr. Surendra Kumar, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Mahua PS Case No. 709/2020 registered for the offence punishable under Sections 25(1-A), 25(1-AA), 25(1-B)a/26(1)

(2) (3)/35 of the Arms Act.

The allegation, as per First Information Report, is that the police on the basis of secret information raided the house of one Sunny Kumar and recovered some articles to be used in manufacturing of fire arms and also recovered some partly manufactured fire arms. It is further alleged that the petitioner was arrested from the house of said Sunny Kumar along with other accused persons.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he does not have any criminal antecedents. Learned counsel

Patna High Court CR. MISC. No.31463 of 2021(2) dt.14-12-2021 2/2 further submits that no fire-arm has been recovered from the possession of the petitioner and from perusal of the seizure list, it appears that one mobile has been recovered from him by the police.

Learned counsel next submits that similarly situated co-accused, Rohit Raj has been granted bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 25102/2021. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, Rohit Raj has already been granted bail by a Bench of this Court, petitioner is in custody since 18.12.2020 having no criminal antecedents, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MOHAN KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hajipur in connection with Mahua PS Case No. 709/2020. (Anil Kumar Sinha, J) perwez U T