Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39652 of 2021 Arising Out of PS. Case No.-177 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== PANKAJ KUMAR S/O SAHEV SAHNI R/o village- Nonpur, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on arrest of about ten accused persons, on their disclosure the petitioner and three others were arrested. It is stated that further on their disclosure the arms were recovered from the premises of other accused persons.

It is submitted by learned counsel for the petitioner that from perusal of the FIR itself no incriminating article has been recovered from the petitioner's possession. The only allegation is that it was on the disclosure of the petitioner and others that the arms and ammunitions were recovered from

Patna High Court CR. MISC. No.39652 of 2021(4) dt.09-03-2022 2/2 elsewhere. The allegations are false and connected. The petitioner is in custody since 26.12.2020 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 1 year and no incriminating article having been recovered from the petitioner's possesion, the petitioner is directed to be enlarged on bail in connection with Beerpur P.S. Case no. 177 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VI, Begusarai. (Partha Sarthy, J) Spd/- U T