Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34552 of 2020 Arising Out of PS. Case No.-279 Year-2020 Thana- KADAMKUAN District- Patna ====================================================== AKASH KUMAR, SON OF AJAY KUMAR RESIDENT OF MOHALLA - KUMHRAR ,GWALA TOLI, P.S.- AGAMKUAN, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Praveen For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-12-2020 Heard Mr. Vikramdeo Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State.

The petitioner seeks bail in connection with Kadam Kuan P. S. Case No. 279 of 2020 dated 02.07.2020, instituted for offences under Sections 25 (1-b)(a), 26, 27 and 35 of the Arms Act, 1959. It has been submitted on behalf of the

Patna High Court CR. MISC. No.34552 of 2020(2) dt.22-12-2020 2/3 petitioner that firing was resorted to in a birthday party, leading to arrival of the police. The petitioner is not the one who has been saddled with the allegation of firing. Few empty cartridges were recovered from the spot. Later, on search of the house where the accused persons had congregated to celebrate a birthday party, two pistols are said to have been recovered from beneath the mattress of the bed.

The house does not belong to the petitioner and he has no criminal antecedents.

The petitioner is stated to be in custody since 03.07.2020.

One of the similarly situated persons has been granted bail by this Court vide order dated 21.12.2020 in Cr. Misc. No. 34500 of 2020.

Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.34552 of 2020(2) dt.22-12-2020 3/3 amount each to the satisfaction of the learned Sub Judge cum Additional Chief Judicial Magistrate - XII, Patna, in connection with Kadam Kuan P. S. Case No. 279 of 2020.

The petition stands allowed.

(Ashutosh Kumar, J) skm/- U T