Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43836 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- BHELDI District- Saran ====================================================== MUKESH KUMAR SON OF LATE BALESHWAR RAI RESIDENT OF VILLAGE -RAMPUR MAHESH, PS -TARAIYA, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Bheldi P.S. Case No.83 of 2023 dated 20.03.2023 registered for the offence(s) punishable under Section(s) 25(1b)a, 26 and 35 of the Arms Act. 3.

The main submissions advanced by the learned counsel for the petitioner are that as per prosecution's allegation only one cartridge is stated to have been recovered from the possession of this petitioner and co-accused person namely Sandesh Kumar @ Sandesh Kumar Ram from whose possession one loaded country-made pistol and one mobile phone were recovered has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.41511 of

Patna High Court CR. MISC. No.43836 of 2023(2) dt.24-07-2023 2/2 2023 and the petitioner is a young person and against him there is criminal antecedent of one case in which he is on bail and against the petitioner the investigation has been completed and he has been languishing in jail since 21.03.2023 4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the petitioner's young age and the completion of investigation against him and the privilege of bail having been granted to one co-accused by a co-ordinate Bench of this Court mentioned-above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Bheldi P.S. Case No.83 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T