Kamal Kishore Rai @ Kamal Kishor Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48202 of 2022 Arising Out of PS. Case No.-384 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== Kamal Kishore Rai @ Kamal Kishor Ray S/O Sheo Pukar Rai R/O VillageBaruna, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bikramganj P.S. Case no. 384 of 2021 instituted for the offence under Sections 25(1-b) a/26/35 of the Arms Act. Prosecution case relates to recovery of incriminating country made pistols, cartridges and other incriminating articles from the house of petitioner's father.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the house belongs to his father who has been living separably from the petitioner. It is further submitted vide para 12 of the petition that the petitioner is a regular working

Patna High Court CR. MISC. No.48202 of 2022(2) dt.15-12-2022 2/2 employee of Punjab National Bank at the branch situated at Nokha and he is holding the post in the said bank as Cashier and on the alleged date and time, he was not present at place of occurrence. The father of the petitioner was apprehended on the spot and he is now getting privilege of regular bail. Petitioner has no concern with the recovery of illegal arms. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bikramganj P.S. Case no. 384 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist Bikramganj, Rohtas subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) aman/shubhamU T