Udlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36519 of 2021 Arising Out of PS. Case No.-146 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== UDLESH KUMAR SON OF KEDAR MAHTO Resident of village - Manikpur, P.S.- Manikpur (Suryagadha), Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan- Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Lakhisarai (Kabaiya) P. S. Case No.146 of 2021, instituted for the offences under Sections 25(1-b)A/26(i)(ii), 35 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.03.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that on search made by the police, nothing was recovered from the possession of this petitioner. Though in the

Patna High Court CR. MISC. No.36519 of 2021(2) dt.06-12-2021 2/2 F.I.R., recovery of country-made pistol and cartridges is alleged to have been made from Ajit Sarkar and Mithilesh Kumar. The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case as he was a passers-by when the search was taking place. As such, the police roped him in a false case.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 06.03.2021, he is a person with clean antecedent, chargesheet has been submitted in this case and nothing was recovered from his possession, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P. S. Case No.146 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T