Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41582 of 2024 Arising Out of PS. Case No.-873 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Nitesh Kumar son of Late Dinesh Sharma @ Dinesh Kumar R/o- Shekhpura Ps- Naubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Shiwani Kumari, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 873 of 2023 instituted for the offence under Sections 25(1-B)a & 26 of the Arms Act. 3.

Prosecution case in a nutshell is that there is recovery of one country made pistol and 15 live cartridges from the cowshed of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-12-2023. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.41582 of 2024(2) dt.19-06-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the recovered arms. Nothing incriminating has been recovered from the possession of the petitioner, rather recovery is made from an open place, which is accessible to one and all. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naubatpur P.S. Case No. 873 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T