Indradeo Vishwakarma @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21981 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- KINJAR District- Jehanabad ====================================================== INDRADEO VISHWAKARMA @ PINTU, Male, aged about 35 years, Son of Late Chulhai Mistry Resident of Village- Purainia, P.S.- Kinjer, DistrictArwal. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Prem Ranjan Kumar, Advocate.

For the Opposite Party :

Mr.Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 02.09.2018 in a case for the offence registered under Sections 25(1-b) a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that the informant got a secret information that Suresh and Indradeo (petitioner)indulges in manufacturing of illegal arms by calling accused Loha Vishwakarma at Village- Purainiya P.S. Kinjar, District-Arwal. Seeing the police personnel, they started fleeing but were apprehended by the police and after searching the house of Suresh Mistry, a large number of arms and ammunitions were recovered, which were seized and seizure list

Patna High Court CR. MISC. No.21981 of 2019(2) dt.12-04-2019 2/2 was prepared.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no recovery from conscious possession of the petitioner. The petitioner has been made accused in the present case due to mistake of fact. It is further submitted that the petitioner may be released on bail after completion of nine months in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of nine months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Arwal, in connection with Kinjar P.S. Case No. 99/2018. (Sudhir Singh, J) U.K./- U T