Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28825 of 2020 Arising Out of PS. Case No.-128 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== ABHISHEK KUMAR Son of Jay Prakash Keshari Resident of Village - Muradan Tola, Ward No. 15, P.S.- Teghra, District - Begusarai at present residing at Larkaniya Tola, P.S.- Nagar, District - Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-11-2020 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 for the petitioner and Sri Yogendra Kumar, the learned APP for the State.

The petitioner seeks regular bail in connection with Teghra P.S. Case No. 128 of 2020, registered for the offence punishable under Sections 25(1-b)a & 26 of the Arms Act.

The allegation is regarding the police having

Patna High Court CR. MISC. No.28825 of 2020(2) dt.12-11-2020 2/3 raided the house of the petitioner and apprehended the petitioner herein, whereafter upon search, one country made loaded pistol and one live cartridge were recovered from his possession.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 19.05.2020.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the nature of allegation levelled against the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail, immediately upon completion of six months' custody and subject to such conditions as may be deemed fit and proper to be imposed by the learned court of C.J.M., Begusarai in connection with Teghra P.S.Case No. 128 of 2020.

Patna High Court CR. MISC. No.28825 of 2020(2) dt.12-11-2020 3/3 The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U T