Patna High CourtCR. MISC./45449/2023bail granted

Akhilesh Kumar v. The State Of Bihar

2023-07-28Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45449 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== AKHILESH KUMAR Son Of Bachchan Singh @ Bachan Singh, Resident Of Village - Krishna Nagar, Ali Nagar, P.S.- Sadar, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-07-2023

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

2. Petitioner seeks regular bail in connection with Sonbarsha Raj P.S. Case No. 89 of 2023 dated 21.04.2023 registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

3. The main submissions advanced by learned counsel Mr. Pramod Mishra appearing for the petitioner are that the petitioner has been languishing in jail since 22.04.2023 having fair and clean antecedent and the instant matter relates to the recovery of one loaded country-made pistol but in actual at the relevant time of alleged recovery of the firearms an altercation took place in between the petitioner and the police party, owing to that reason a false recovery of firearm has been

Patna High Court CR. MISC. No.45449 of 2023(2) dt.28-07-2023 2/2 shown from the possession of this petitioner and moreover against the petitioner investigation has been completed.

4. Learned APP Mr. Binod Kumar appearing for the State has opposed the prayer for bail.

5. Having regard to the facts and circumstances of this case, considering the above submissions and mainly petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above 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 the concerned Court in connection with Sonbarsha Raj P.S. Case No. 89 of 2023.

(Shailendra Singh, J.) Maynaz/- U T