Prince Kumar @ Khalnayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37870 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Prince Kumar @ Khalnayak Son Of Avdesh Kumar Choudhary @ Avadhesh Kumar Chaudhari Village- Babupur Salkhanni, Ps- Dalsingh Sarai, DistSamastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

It is a case of recovery of one country made pistol and one live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.37870 of 2024(2) dt.25-06-2024 2/3 falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. It is submitted that charge-sheet has been submitted in this case. Moreover, the petitioner is languishing in judicial custody since 17.07.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that petitioner has criminal antecedents of 8 cases. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail, after framing of charge, if not framed, in connection with Dalsinghsarai P.S. Case No. 289 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial

Patna High Court CR. MISC. No.37870 of 2024(2) dt.25-06-2024 3/3 Magistrate, Dalsinghsarai, Samastipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T