Raj Kishore Verma @ Kishore Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33145 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- LUTUA District- Gaya ====================================================== Raj Kishore Verma @ Kishore Prasad Son of Sri Bhuneshwar Prasad Resident of Village - Pakri Guria, PO and PS - Imamganj, Distt. - Gaya, Pin Code - 824206 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 25(1-b)a, 26/35 of the Arms Act. Allegedly, one country made pistol, 75 pieces of live cartridge of 315 bore and 32 pieces of live cartridge of 7.62x 45 bore are recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.33145 of 2020(2) dt.23-02-2021 2/2 petitioner has been made accused in the present case due to mistake of fact. The name of the petitioner has transpired in this case on the basis of disclosure made by co-accused. There is no recovery of arms from possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Lutua P.S. Case No. 13 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T