Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24498 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== PAWAN KUMAR Son of Sree Kant Goswami @ Ramji Goswami Resident of Village- Pipra Karanti, Ward No. 2, P.S.- Uda Kishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Sanjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shantanu Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing.

A number of defects have pointed out by the stamp reporter. The counsel for the petitioner is directed to remove the same within three weeks after the normal functioning of the Court commence.

The petitioner has filed the instant application for grant of regular bail in connection with Udakishunganj P.S. Case No. 22 of 2020 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, on a Maruti Alto vehicle being stopped and searched by the police personnel, it is stated that the five persons including the petitioner herein attempted to escape but were caught. It is further stated that two live cartridges were recovered from a packet which was behind the seat where the petitioner was sitting.

Patna High Court CR. MISC. No.24498 of 2020(2) dt.24-09-2020 2/2 It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from the possession of the petitioner, who has no criminal antecedent and he is in custody since 3.2.2020. Investigation in the case has concluded. It is further submitted that co-accused Rakesh Kumar has been enlarged on bail vide order dated 29.6.2020 passed in Cr. Misc. No. 19918 of 2020 (Annexure-1) The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner being in custody since 3.2.2020, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Udakishunganj P.S. Case No. 22 of 2020 on furnishing bail bond of Rs. 10,000/ (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, UdaKishunganj, Madhepura. (Partha Sarthy, J) sushma/- U T