Pradip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36351 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- KASHICHAK District- Nawada ====================================================== PRADIP KUMAR Son of Rajendra Prasad Chaudhary Resident of Village - Bhatta, P.S.- Kashichak, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Kashichak P.S. Case no. 22 of 2022 instituted for the offence under Sections 25(1-b)/26/35 of the Arms Act. Prosecution case relates to recovery of one country made pistol and four live cartridges from the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case. It is further submitted that the wife of this petitioner has already been apprehended with above mentioned arms at the place of occurrence and the offence as

Patna High Court CR. MISC. No.36351 of 2022(2) dt.29-11-2022 2/2 alleged is not made out against this petitioner. The name of the petitioner has been disclosed in this case by the co-accused, namely, Rubi Devi who was arrested on spot. It is further submitted that petitioner was working in the private factory in Delhi for livelihood and neither the petitioner was arrested on spot nor any incriminating weapons have been recovered from his conscious possession.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Kashichak P.S. Case no. 22 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U