Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24259 of 2025 Arising Out of PS. Case No.-414 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Kamlesh Kumar S/O Vishwananth Rai @ Vishwanath Yadav R/O VillageBhiswa Kaparsandi, P.S- Turkauliya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-04-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Nityanand Tiwari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 414 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the F.I.R., police, at the instance of one Bittu Kumar raided the poultry farm and recovered one loaded country-made pistol and two live cartridges from poultry farm.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure made by Bittu Kumar and Vikash Kumar. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.24259 of 2025(2) dt.11-04-2025 2/2 possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Turkauliya P.S. Case No. 414 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T