Kishan Kumar @ Kisan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46132 of 2021 Arising Out of PS. Case No.-290 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== KISHAN KUMAR @ KISAN KUMAR Son of Bipin Singh @ Vipin Singh Resident of Village - Sanichara Asthan, Ratanpur City News Gali, Ward no.20, P.S.- Town, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Amitesh Kumar, the learned APP for the State. The petitioner seeks regular bail in connection with Town PS case no. 290 of 2021 instituted for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

The allegation is regarding recovery of two live cartridges from the possession of the petitioner, after he was arrested along with one other miscreant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.46132 of 2021(2) dt.25-02-2022 2/2 present case, is having a clean antecedent and is languishing in custody since 25.04.2021. The learned counsel for the petitioner has further submitted that the motorcycle belongs to the brother of the petitioner and mobile phone belongs to his mother. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Begusarai in connection with Town PS case no. 290 of 2021. (Mohit Kumar Shah, J) rinkee/- U T