Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50904 of 2022 Arising Out of PS. Case No.-107 Year-2022 Thana- KOTWA District- East Champaran ====================================================== RAVI KUMAR S/o Bachcha Rai R/o village- Bairiya, P.S.- Kotwa (Bhopatpur O.P.), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Kotwa (Bhopatpur O.P.) P.S. Case No.107 of 2022 instituted under Sections 25(1-b)a/26/35 of Arms Act. As per the FIR, during patrolling, the police saw some persons in suspicious condition and when they reached there, although some of them were able to escape, one person was apprehended. He was Aakash Kumar Sahni and from his possession, one loaded pistol was recovered/seized. He further gave the name of his accomplish (the persons who escaped) as Satyam Kumar, Abhishek Kumar and Ravi Kumar (the present petitioner). Accordingly, the FIR was lodged. Learned counsel for the petitioner submits that the petitioner is a young boy of 19 years, studying having no

Patna High Court CR. MISC. No.50904 of 2022(2) dt.11-01-2023 2/2 criminal antecedent and if the relief is not extended, his future will be ruined.

Learned APP on the other hand opposes the prayer for anticipatory bail.

Taking into account the fact that the loaded pistol was actually recovered from Aakash Kumar and it was on his confessional statement that the name of this petitioner came up, he do not have criminal antecedent and is a young boy of 19 years, this Court is inclined to grant him relief. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Kotwa (Bhopatpur O.P.) P.S. Case No.107 of 2022 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /- U T