Kislay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42002 of 2024 Arising Out of PS. Case No.-235 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== KISLAY KUMAR SON OF CHANDAN SAW Resident of Village - Saidpur, Ward No. 09, P.S. - Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ranjeet Kumar Singh, Advocate For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 25(1-b)a, 26(1) and 35 of the Arms Act.

3. As per prosecution case, name of the petitioner has transpired in this case during course of investigation, on the basis of confessional statement of co-accused person who was apprehended at the spot with on country made pistol, two live cartridges and one touch mobile phone.

4. It is submitted by learned counsel appearing on behalf of the petitioner that no incriminating article has been recovered from the conscious possession of this petitioner and he has been made an accused in this case only on the basis of confessional statement of co-accused persons, who was

Patna High Court CR. MISC. No.42002 of 2024(2) dt.18-07-2024 2/2 apprehended at the spot. Except confessional statement, there is no material on record to show the accomplice of this petitioner in the alleged incident. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate Ist Class, Khagaria, in connection with Pasraha P.S. Case No. 235 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T