Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27725 of 2024 Arising Out of PS. Case No.-679 Year-2022 Thana- BIHTA District- Patna ====================================================== Praveen Kumar Son of Sri Rai @ Sri Niwas Rai R/o Village- Amnabad, P.S. Bihta, District- Patna, presently r/o Shiv Mahadeo Dera Katesar, P.S. Bihta, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr.Anil Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in Bihta P.S. Case No. 679 of 2022 registered for the offences punishable under Sections 25(1B)(a), 26 and 35 of the Arms Act.

3. Allegedly, several country made arms and ammunition have been recovered from the houses of the accused persons, namely, Sri Rai, Mandeep Rai and Sachin Kumar.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Petitioner has no role in the

Patna High Court CR. MISC. No.27725 of 2024(4) dt.12-07-2024 2/2 alleged occurrence. He has been made accused in the present case merely on suspicion. He has no concern with the place of recovery. It is further submitted that from bare perusal of the FIR, it is evident that the raid was to ensure recovery of dead body, which was alleged to have been kept in knowledge of the petitioner and since the informant failed to find anything against the petitioner, the informant planted the items alleged to have been recovered. Petitioner has three criminal antecedents and all the three cases have been lodged against the petitioner after filing of the present case. He is in custody since 07.12.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as well as the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bihta P.S. Case No. 679 of 2022.

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