Gaurav Kumar @ Rishu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25108 of 2023 Arising Out of PS. Case No.-472 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== GAURAV KUMAR @ RISHU Son of Baidya Nath Choudhari Resident of mohalla - Sakri Road, Albaxapura, Thakurbari, P.S. - Alamganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

According to FIR, prosecution case relates to eight cartridges from a bag which were kept by unknown miscreants for the purpose of committing offence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged arms which was seized by the police. It is further submitted vide para 9 of the petition that the petitioner was not arrested on spot rather he was remanded in this case

Patna High Court CR. MISC. No.25108 of 2023(2) dt.23-05-2023 2/2 from Patrakar Nagar P.S. case No. 469 of 2022 during course of the investigation. The petitioner is not named in the FIR nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 24.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that petitioner has got three criminal antecedents.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Patrakar Nagar P.S. Case No. 472 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T