Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4988 of 2021 Arising Out of PS. Case No.-87 Year-2020 Thana- KORANSARAI District- Buxar ====================================================== MITHILESH KUMAR Son of Janardan Yadav Resident of Village - Nuaow, P.s.- Mufassil, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-08-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Koran Sarai P.S. Case No. 87 of 2020 instituted for the offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Three persons were found riding a motorcycle in a suspicious manner. They were stopped and two persons out of them were apprehended whereas one person managed to flee away. One of the arrested accused persons, namely, Ashish Kumar disclosed the name of the petitioner as one of his associates. From the possession of one of the arrested

Patna High Court CR. MISC. No.4988 of 2021(2) dt.06-08-2021 2/2 accused persons, fire arm weapons were recovered. The learned counsel for the petitioner has submitted that all said and done, the implication of the petitioner in this case is only on the basis of confession of an arrest accused person. Nothing has been recovered from the possession of the petitioner and he has clean antecedents. Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Buxar, in connection with Koran Sarai P.S. Case No. 87 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T