Anand Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28819 of 2020 Arising Out of PS. Case No.-13 Year-2020 Thana- PARSAUNI District- Sitamarhi ====================================================== ANAND MOHAN KUMAR Son of Pappu Yadav Resident of Village - Anhari, P.S.- Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Nirmal Kumar Sinha, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Parsauni P.S. Case No. 13 of 2020 for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of one pistol from the co-accused person namely Awanish Kumar and the said Awanish Kumar as also the petitioner were apprehended by the police on the spot.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.28819 of 2020(2) dt.11-11-2020 2/2 present case, is having a clean antecedent and he is languishing in custody since 04.03.2020. It is further submitted that no illicit arms has been recovered from the conscious possession of the petitioner herein.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no illicit arms has been recovered from the conscious possession of the petitioner and the petitioner is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sitamarhi in connection with Parsauni P.S. Case No. 13 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T