Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35165 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== HIMANSHU KUMAR S/o Anil Singh @ Amitabh Singh Resident of village Ayodhyay, P.S. Teghra, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Siddhartha Prasad For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 13.02.2019 in a case registered for the offences punishable under Sections 25(1-B)a, 26/35 Arms Act.

It is alleged that from the possession of the petitioner, one country made pistol was recovered. It is submitted by learned counsel for the petitioner that the ballistic report suggests that the recovered armed was not functional. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP for the State submits that the recovery has been made from the conscious physical possession of the

Patna High Court CR. MISC. No.35165 of 2019(2) dt.29-05-2019 2/2 petitioner.

Considering the nature of recovery coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, in connection with Teghra P.S. Case No.53 of 2019. (Dinesh Kumar Singh, J) Ashwini/- U T