Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24358 of 2020 Arising Out of PS. Case No.-187 Year-2020 Thana- MAHUA District- Vaishali ====================================================== NITESH KUMAR Son of Shri Ramsagar Rai Resident of Village - Sarma, P.S. - Mahua, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Adv.

Mr.Nilesh Kumar, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-09-2020 Heard Ms. Vaishnavi Singh, learned counsel for the petitioner and Mr. Akbar Ali, Additional Public Prosecutor for the state through video conferencing.

Petitioner seeks regular bail in connection with Mahua PS Case No. 187/2020 registered for the offence punishable under Section 25(1-b) a, 26 of the Arms Act. The allegation against the petitioner as per First Information Report is that the police intercepted the motorcycle and recovered a country made pistol and two live cartridges from his possession.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. Learned counsel for the petitioner further submits that

Patna High Court CR. MISC. No.24358 of 2020(2) dt.21-09-2020 2/2 petitioner has got no criminal antecedent and he is in custody since 08.04.2020. Learned counsel also submits that the bike in question was purchased by the petitioner from one Chandradeep Singh.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner on completion of six months in custody starting from 08.04.2020.

Accordingly, let the petitioner, NITESH KUMAR be released on bail, as soon as he completes his custody for six months starting from 08.04.2020, on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua PS Case No. 187/2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

perwez (Anil Kumar Sinha, J) U T