Bikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21828 of 2024 Arising Out of PS. Case No.-758 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Bikram Kumar Son Of Late Sheonath Prasad @ Shivnath Prasad Resident Of Village - Jamaluddinchak, P.S. - Khagaul, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 758 of 2023 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act. 3.

As per the prosecution case, there is recovery of one pistol and four live cartridges from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-10-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.21828 of 2024(2) dt.01-04-2024 2/2 case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has got no concern with the recovered arms. Charge sheet has been submitted in this case. It is lastly submitted that there is no compliance of Section 100 of the Cr.P.C. Other co-accused has been granted bail by this Court, vide order dated 21-03-2024, passed in Cr. Misc. No. 18391 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

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 Naubatpur P.S. Case No. 758 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T