Arti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41759 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- KARPI District- Jehanabad ====================================================== 1.

Arti Kumari, aged about 26 years (F), Wife of Raushan Kumar @ Laddu, R/O Vill.- Shembhua, P.S.- Mehandia, Dist.- Arwal. 2.

Turshi Devi, aged about 38 years (F), Wife of Mukesh Patel @ Nagendra Kumar Singh. R/O Vill.- Radhe Bigha, P.S.- Karpi, (Shahar Telpa O.P.), Dist.- Arwal.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Paras Nath, Advocate For the Opposite Party :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Karpi (Shahar Telpa O.P.) P.S. Case No. 54 of 2024 dated 23.02.2024 registered for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, on 23.02.2024, the informant alongwith other police officials raided the house of the co-accused Raushan Kumar @ Laddu and recovered several filers (Reti), semi-constructed and constructed arms and also arrested several persons Raushan Kumar @ Laddu, Mukesh Patel @ Nagendra Kumar Singh, Arti Kumari (petitioner no. 1),

Patna High Court CR. MISC. No.41759 of 2024(2) dt.20-06-2024 2/3 Turshi Devi (petitioner no. 2), Ashish Kumar, Nand Chaudhary, Vishal Kumar, Rahul Kumar, Sunil Kumar, Dashrath Sah, Praveen Kumar, Pankaj Kumar, Sanjay Kumar Sah and Sunil Kumar who were engaged in manufacturing of arms and were brought from Munger. Thereafter, the houses of the co-accused Raushan Kumar @ Laddu and Mukesh Patel @ Nagendra Kumar Singh were also raided and recovered six pieces of country made pistols, 16 pieces of iron magazines, seven live cartridges and one empty cartridge, 16 pieces of semiconstructed pistols and other articles which were used in manufacturing of arms. The said co-accused Raushan Kumar @ Laddu and Mukesh Patel @ Nagendra Kumar Singh have disclosed that the manufacturing work is being done near poultry farm in a tiled roof house and on their disclosure, several machines and other articles were recovered from the poultry farm.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the possession of the petitioners. The petitioners are ladies and they have been falsely implicated in the present case by the police mere on suspicion who

Patna High Court CR. MISC. No.41759 of 2024(2) dt.20-06-2024 3/3 happened to be the wives of the co-accused Raushan Kumar @ Laddu and Mukesh Patel @ Nagendra Kumar Singh. The recovery has been made from the houses of the co-accused Raushan Kumar @ Laddu\ and Mukesh Patel @ Nagendra Kumar Singh. The petitioners have clean antecedent as stated in paragraph no. 3 of the bail petition. They are in custody in this case since 24.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, the petitioners, above named, are directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Arwal in connection with Karpi (Shahar Telpa O.P.) P.S. Case No. 54 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T