Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34861 of 2019 Arising Out of PS. Case No.-48 Year-2019 Thana- RUPASPUR District- Patna ====================================================== SHANKAR KUMAR Son of Mohan Das @ Mohan Mochi Resident of Village- Lakhni Bigha, P.S.- Danapur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Nath Yadav For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 29.1.2019 in a case registered for the offences punishable under Sections 25(1-B) a, 26 and 29 of the Arms Act.

It is alleged that two persons, namely, Shankar Kumar, the petitioner and co-accused Om Prakash alias Golu were apprehended and from the bag being carried by the petitioner, 200 live cartridges were recovered. The petitioner also confessed that he purchased the same from one Pappu Singh alias Kameshwar Singh.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. It is further submitted that co-accused Om Prakash alias Golu has been granted bail by a Co-ordinate Bench of this Court vide

Patna High Court CR. MISC. No.34861 of 2019(2) dt.29-05-2019 2/2 order dated 9.5.2019 passed in Cr. Misc. No. 31036 of 2019. Learned APP submits that the recovery of live cartridges has been made from the possession of the petitioner. Considering the fact that investigation has already been concluded and the period in custody, coupled with the fact that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM II, Danapur in connection with Rupaspur P.S. Case No.48 of 2019.

(Dinesh Kumar Singh, J) anil/- U