Gaurav Kumar @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51594 of 2016 Arising Out of PS.Case No. -117 Year- 2016 Thana -PARSABAZAR District- PATNA ====================================================== Gaurav Kumar @ Manish Kumar, son of Sri Ashok Kumar Singh, resident of Village- Faizlabad, Police Station- Gopalpur, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Manoj Kumar Singh, Advocate For the Opposite Party : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-12-2016 Heard the learned counsel for the petitioner and the learned APP for the State.

Petitioner is languishing in judicial custody since 08.07.2016 in connection with Parsa Bazar P.S.Case No.117 of 2016 for offence alleged under Sections 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution case as lodged by the police personnel is that during course of checking they apprehended two persons riding on a motorcycle and recovered one country made pistol loaded with one live cartridge and two other live cartridges from the pocket of the petitioner and also two country made pistols and three live cartridges from the possession of other accused. Accordingly, a seizure list was prepared.

Patna High Court Cr.Misc. No.51594 of 2016 (2) dt.06-12-2016 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal history and has been falsely implicated in the aforesaid case. It is further submitted that chargesheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. Be that as it may, since the petitioner has no criminal history and considering the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Gayatri Kumari, learned Judicial Magistrate-Ist Class, Patna in connection with Parsa Bazar P.S.Case No.117 of 2016.

(Nilu Agrawal, J) B.Kr./- U T