Vishwajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53642 of 2024 Arising Out of PS. Case No.-123 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Vishwajeet Kumar Son of Hare Ram Roy R/O Vill.- Belsandi Tara, Ward no.2, P.s.- Bibhutipur, Dist.- Samastipur 2.

Anand Kumar Son of Hare Ram Roy R/O Vill.- Belsandi Tara, Ward no.2, P.s.- Bibhutipur, Dist.- Samastipur ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Sunil Kumar For the Opposite Party :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bibhutipur P.S. Case No. 123/2024 dated 21.04.2024 registered for the offence punishable u/s 25(1-B)(a) and 26 of the Arms Act.

3. As per the prosecution case, one country-made revolver without cartridge was recovered from the possession of the petitioner no. 1 and one country-made katta along with one live cartridge was recovered from the possession of the petitioner no. 2.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.53642 of 2024(2) dt.19-08-2024 2/2 that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners have no concern with the alleged recovery. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 22.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Rosera, Samastipur, in connection with Bibhutipur P.S. Case No. 123/2024, with the condition:- (i). The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T