Pandu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53238 of 2024 Arising Out of PS. Case No.-77 Year-2024 Thana- PIPRA District- East Champaran ====================================================== Pandu Kumar son of Ram Janam Bhagat Village- Bishupura P.S- Pipra District- East Champaran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Pipra P.S. Case No. 77 of 2024 dated 19.03.2024 registered for the offences punishable under Section 401 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. Mr. Rajesh Kumar, learned counsel for the petitioner submits that the police have falsely roped the petitioner in the recovery of the alleged firearms but nothing, as alleged, was recovered from his possession, petitioner has been languishing in jail since 20.03.2023 though against him, there are criminal antecedents of two cases but he is on bail in the said cases and the instant matter relates to assembling of the petitioner and co-accused persons to commit the offence of

Patna High Court CR. MISC. No.53238 of 2024(2) dt.06-08-2024 2/2 loot but no such offence was committed. It is further submitted that against the petitioner the investigation has been completed and he is a very young person.

4. Mr. Chandra Bhushan Prasad, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both the sides. Though, the instant matter relates to the recovery of firearms from the possession of this petitioner and also he has criminal antecedents of two cases but considering the facts that he is on bail in both the said cases and in the present matter, the investigation has been completed against him and he is said to be 20 years old person as per FIR, in my opinion, in the said circumstances, petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner named-above be released on bail after framing of charge on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Pipra P.S. Case No. 77 of 2024.

(Shailendra Singh, J) Rajiv/- U T