Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49211 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- NAUHATTA District- Saharsa ====================================================== Avinash Kumar Son of Krishna Kumar Resident of Village - Hati Ward No.- 10, P.S. - Simri Nauhatta, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Nauhatta P.S. Case No. 60 of 2024 instituted for the offence under Sections 25(1-B)a & 26 of the Arms Act. 3.

Prosecution case in short is that there is recovery of of one loaded country pistol and three live cartridges from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-03-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.49211 of 2024(3) dt.18-09-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the recovered arms. Charge sheet has been submitted in this case. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nauhatta P.S. Case No. 60 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T