Abhishek Kumar @ Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37494 of 2019 Arising Out of PS. Case No.-257 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== ABHISHEK KUMAR @ KUMAR Son of Sri Arun Kumar Gupta Resident of Goriya Math, P.S.- Jakkanpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 02.05.2019 in connection with Jakkanpur P.S. Case No. 257/2019 registered for the offence punishable under Sections 290/25(1b)a, 26/27 of the Arms Act and Section 37(c) of the Excise Act. Learned counsel for the petitioner submits that though it is alleged that the petitioner was taken into custody in an intoxicated condition in a public place, but the alleged recoveries of arms are said to be from the bedroom of the petitioner. It is further submitted that the entire case is false and fabricated and intended to victimize the petitioner as neither was he arrested from any public place nor in an intoxicated condition and the recovery of arms is also mischievous as the

Patna High Court CR. MISC. No.37494 of 2019(2) dt.20-06-2019 2/2 witness does not belong to the locality. He further submits that the petitioner has no criminal antecedent.

Considering the aforementioned facts and circumstances and the nature of allegation, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Jakkanpur P.S. Case No. 257/2019.

(Anjana Mishra, J) Saif/- U T