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Patna High CourtCR. MISC./31325/2025allowed

Maksudan Kumar v. The State Of Bihar

2025-05-21Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31325 of 2025 Arising Out of PS. Case No.-348 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Maksudan Kumar Son of Late Chinilal Yadav Resident of Village - Gangauli, P.S.- Bibhutipur, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Gautam, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2025 Heard Mr. Vinod Gautam, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 310(4), 310(5) and 3(5) of the B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that police had secret information that certain miscreants have gathered for committing some grave offences. On this information, police raided the place of the occurrence and seven persons were apprehended. Thereafter, from the possession of this petitioner, one country made pistol, one live cartridge, one mobile and one motorcycle were recovered.

Patna High Court CR. MISC. No.31325 of 2025(2) dt.21-05-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Moreover, he is languishing in judicial custody since 15.10.2024.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and submitted that petitioner has one criminal antecedent.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 348 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judicial Magistrate, Rosera, Samastipur.

(Ashok Kumar Pandey, J) Shubham/- U T