Patna High CourtCR. MISC./38324/2024bail granted

Aman Kumar v. The State Of Bihar

2024-05-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38324 of 2024 Arising Out of PS. Case No.-129 Year-2024 Thana- AMARPUR District- Banka ====================================================== Aman Kumar Son of Late Kishori Singh R/O Vill.- Sinpur, Pirouta, P.S.- Amarpur, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Amarpur P.S. Case No. 129 of 2024, instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, two live cartridges has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that only two live cartridges has been recovered from the

Patna High Court CR. MISC. No.38324 of 2024(2) dt.23-05-2024 2/2 possession of the petitioner without arms. The petitioner is in custody since 26.02.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, fair antecedent and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Amarpur P.S. Case No. 129 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T