Vishwajeet Kuwar @ Ayush Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48463 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== VISHWAJEET KUWAR @ AYUSH RAJ Son of Ashok Kuar Resident of Village - Belwa, P.S.- Maharajganj, Dist.- Siwan, at present A.G. Colony, House no. A/291, P.S.- Shastri Nagar, Dist.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gauri Shankar Thakur For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 399, 402 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act.

Prosecution case, in short, is that one loaded pistol and live cartridges along with two vehicles have been recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.3.2019 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. No arms is recovered from the possession of the petitioner. The alleged arms is said to have been

Patna High Court CR. MISC. No.48463 of 2019(2) dt.06-08-2019 2/2 recovered from the possession of co-accused. The petitioner has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned Sub-Judge-IV- cum- A.C.J.M., Patna in connection with Shastri Nagar P.S. Case No. 267/19.

(Sudhir Singh, J) Pankaj/- U T