Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21607 of 2020 Arising Out of PS. Case No.-320 Year-2019 Thana- SONO District- Jamui ====================================================== Praveen Kumar Son of Late Damodar Singh, Resident of Village - Baghmara, P.S.- Khaira, Distt.- Jamui, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the State :

Mr.Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2020 Learned counsel for the petitioner undertakes to remove the defect within two weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.

Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Sono P.S. Case No. 320 of 2020 registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act.

The prosecution story as alleged in first information report is that A.S.I. namely Rajesh Kumar, on 29.10.2019 around 08:05 hrs got secret information that some criminal were preparing a plan to do some illegal act near Kuhila village jungle bridge and based on secret information A.S.I. along with

Patna High Court CR. MISC. No.21607 of 2020(2) dt.06-07-2020 2/3 other police officials proceeded to Kuhilla village and it is further alleged that when police official rushed towards the aforesaid address and found that near north side of bridge five to six peoples are hiding himself behind the bush and after seeing the police officials, all peoples ran towards the jungle in which one person apprehended by the police officials and others taking the advantage of bush successfully fled away from the place, apprehended person disclosed his name Praveen Kumar, son of Late Damodar Singh, P.S. Khaira, District- Jamui (petitioner). It is further alleged that from the possession of Praveen Kumar one local made pistol and two live bullets was recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is quite innocent and has been falsely implicated in the present case. He further submits that the pistol has been recovered from the place of occurrence whereas nothing has been recovered from the possession of the petitioner at t he time of arrest. The petitioner is in jail custody since 29.10.2019. Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail

Patna High Court CR. MISC. No.21607 of 2020(2) dt.06-07-2020 3/3 bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge Vth, Jamui in connection with Sono P.S. Case No. 320 of 2019.

(Anjani Kumar Sharan, J) Nasimul/- U T