Antu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32773 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Antu Kumar S/o Gupteshwar Yadav R/O Village Sashna Ps Badem Op District Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Narali Kala Khurd P.S. Case No. 14 of 2024 instituted for the offence under Sections 25(1-B)a & 35 of the Arms Act. 3.

Prosecution case in short is that there is recovery of one loaded country made pistol and one empty cartridge from the possession of co-accused, namely, Abhishek Kumar. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-02-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.32773 of 2024(2) dt.01-05-2024 2/2 case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the alleged recovered arms. It is submitted that one mobile phone has been recovered from the possession of the petitioner, and the same belongs to him. It is submitted that co-accused, namely, Abhishek Kumar, from whose possession recovery of arms was made has been allowed bail by this Court vide order dated 2504-2024, passed in Cr. Misc. No. 31832 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Narali Kala Khurd P.S. Case No. 14 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T