Pintu Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41802 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- JAIPUR District- Banka ====================================================== 1.

Pintu Kumar Das Son of Kedar Das Village- Khaprodih, P.S.- Rikhia, Distt.- Deoghar (Jharkhand), A/P- Village-Aamghariya, P.S.- Rikhia, Distt.- Deoghar (Jharkhand) 2.

Puran Kumar Mahtha Son of Prem Mahtha Village- Aamghariya, P.S.- Rikhia, Distt.- Deoghar (Jharkhand), ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Jaipur P.S. case No. 28 of 2024 instituted for the offences under Sections 25(1-b)a, 35 of the Arms Act.

3. As per the F.I.R., one pistol and five cartridges have been recovered from petitioner no. 1, namely Pintu Kumar.

Patna High Court CR. MISC. No.41802 of 2024(2) dt.19-06-2024 2/3

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. Learned counsel further submitted that as per allegation levelled in the FIR, one pistol and five cartridges have been recovered from the petitioner no.1 whereas no any incriminating article has been recovered from the conscious possession of the petitioner no.2. Learned counsel further submitted that petitioners have got no concern with the recovered arms and ammunitions. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioners that the petitioners are in custody since 24.03.2024 and have no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaipur P.S. case No.

Patna High Court CR. MISC. No.41802 of 2024(2) dt.19-06-2024 3/3 28 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T