Brajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23507 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== BRAJESH KUMAR S/o Bijo Prasad Yadav @ Bijo Yadav Resident of Village- Raghunathpur Bichla Tola, P.S.- S. Kamal, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 37(B), 37(C) of the Bihar Prohibition and Excise Act, 2016 and 25(1-b)a, 26 and 35 of the Arms Act. Prosecution case, in short, is that the accused persons were arrested in drunken state and one country made pistol along with one live cartridge was recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 7.1.2019 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. No arms is said to have been recovered from the possession of the petitioner. The petitioner was not

Patna High Court CR. MISC. No.23507 of 2019(3) dt.17-05-2019 2/2 found in drunken state when he was apprehended. The arms is said to have been recovered from the possession of co-accused. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Additional Sessions Judge -II-cum- Special Judge, Excise Act, Begusarai in connection with Sahebpur Kamal P.S. Case No. 11/2019.

(Sudhir Singh, J) Pankaj/- U T