Bijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41145 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- MALI District- Aurangabad ====================================================== Bijendra Kumar, Son of Ram Pravesh Mehta @ Parvesh Mahato, Resident of Village - Dhamni Simiri, P.S. - Mali, District - Aurangabad ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2024 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Abhay Kumar Roy, learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Mali P.S. Case No. 70 of 2024 registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. The accused/petitioner is named in the FIR and is in custody since 02.04.2024.

4. Allegation against the petitioner is to have in possession of one country-made rifle and also of seven live cartridges and three empty cartridges.

5. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.41145 of 2024(2) dt.13-06-2024 2/3 the petitioner that petitioner has been falsely implicated with present case. It is submitted that alleged recovery of firearms made from the house of the petitioner, which is occupied jointly by different members of the family and, therefore, it cannot be said that alleged recovery of firearms were made from conscious physical possession of this petitioner, who is otherwise a man of clean antecedent. While concluding argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions, as alleged firearms not appears to be recovered from conscious physical possession of this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 02.04.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.41145 of 2024(2) dt.13-06-2024 3/3 sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No.70 of 2024 subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T