Balmukund Prajapati @ Balmukund Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52165 of 2024 Arising Out of PS. Case No.-694 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Balmukund Prajapati @ Balmukund Kumar Son of Pradeep Kumar Prajapati Resident of Village- Ore, P.S.- Belaganj, Dist.- Gaya ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anju Mishra, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 25a(1-b)/26 of the Arms Act. 3.

As per the prosecution case, the informant was going to his residence at 6.30 P.M. on 24/10/2023 and in the way, he saw that the petitioner was waving a country made pistol at him. Thereafter, he snatched the pistol from the petitioner and called the police.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.52165 of 2024(2) dt.31-08-2024 2/2 omnibus in nature. No incriminating article has been recovered from the conscious physical possession of the petitioner. The said pistol was handed over to the police by the informant, the same has not been recovered from the possession of the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Belaganj P.S. Case No.694 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T