Prushottam Kumar @ Purushottam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31271 of 2020 Arising Out of PS. Case No.-270 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== PRUSHOTTAM KUMAR @ PURUSHOTTAM KUMAR, (Male-23 years), S/O- Sanjay Singh @ Sanjay Kumar Singh, R/o Vill. - Ratanpur- Ward No. - 21, P.S. - Begusarai Town (Ratanpur), Dist. - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shubhesh Pandey, Advocate.

For the Opposite Party :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 25(1-b)a and 26 of the Arms Act. The prosecution story, in brief, is that on 27.05.2020 at about 10.30 hours, the informant raided the cow shelter and arrested the petitioner. On search, one loaded country made

Patna High Court CR. MISC. No.31271 of 2020(2) dt.02-12-2020 2/2 pistol alongwith one live cartridge is said to have been recovered from his possession.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 28.05.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. One country made pistol alongwith one live cartridge is said to have been recovered from possession of the petitioner. There is no compliance of Section 100 of Cr. P.C.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to 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 the learned C.J.M., Begusarai, in connection with Begusarai Town P.S. Case No. 270 of 2020.

(Sudhir Singh, J) U.K./- U T