Prashant Kumar @ Pintu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27217 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Prashant Kumar @ Pintu Son Of Sri Prabhu Chaudhary R/O Vill.- Narayanpur, P.S.- Barbigha, Distt.- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Barbigha P.S. Case No. 53 of 2023 dated 30.01.2023, instituted for the offence punishable under Sections 25(1-b)a/26/35 of the Arms Act.

3. The Prosecution Case, in brief, is that on 29.01.2023, the informant along with his team raided the houses of co-accused persons and petitioner and recovered deadly weapons. It is alleged that one pistol along with magazine has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is further submitted that nothing has been recovered from the

Patna High Court CR. MISC. No.27217 of 2023(2) dt.25-05-2023 2/2 conscious possession of the petitioner. He further submitted that three persons were apprehended by the police. He further submitted that eight cartridges of 7.65 M.M. and a mobile of Realme Company were recovered from the house of co-accused namely, Raushan Kumar, who has been granted bail by a Coordinate Bench of this court vide order dated 23.05.2023 passed in Criminal Miscellaneous No. 26551 of 2023. Lastly, it has been submitted that the petitioner is in custody since 31.01.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in Barbigha P.S. Case No. 53 of 2023.

(Khatim Reza, J) Sankalp/- U T