Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38870 of 2024 Arising Out of PS. Case No.-385 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Jyotish Kumar Son Of Shambhu Choudhary Village- Pirpahar Terasi Deva Tola, P.O.- Taufir, P.S.- Muffasil, Dist.- Munger ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar Choudhary For the Opposite Party :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Beldaur P.S. Case No. 385 of 2023 dated 27.12.2023 registered for the offences punishable under sections 25(1-B)a, 35, 26 of the Arms Act.

3. As per the prosecution case, one loaded countrymade pistol, one live cartridge and one mobile phone were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with

Patna High Court CR. MISC. No.38870 of 2024(4) dt.29-08-2024 2/2 the alleged occurrence. The other co-accused person has already been granted bail by this court vide order dated 19.06.2024 passed in Cr. Misc. No. 41662/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Beldaur P.S. Case No. 385 of 2023, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T