Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38292 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- BARARI District- Bhagalpur ====================================================== Akash Kumar S/o Pradip Ghosh @ Tuntun Ghosh Resident of Mohalla- N.C. Chatarji road near Masjid ,Police Station- Tilka Manjhi,Dist Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barari P.S. Case No. 68/2025 dated 10.03.2025 registered for the offence punishable u/s 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one pistol and two live cartridges were recovered from the possession of the co-accused Brajesh Kumar. One mobile phone and a scooty were recovered from the possession of the co-accused, Keshav Kumar. Further, the co-accused, Brajesh Kumar disclosed that he has taken the said pistol on rent from the petitioner. Thereafter, police officials raided the house of the petitioner and on search, one countrymade pistol was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.38292 of 2025(2) dt.01-07-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has two antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Barari P.S. Case No. 68/2025, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T