Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61549 of 2021 Arising Out of PS. Case No.-277 Year-2021 Thana- MALSALAMI District- Patna ====================================================== Vinay Kumar Son Of Shankar Ray @ Ajay Ray R/O Village- Nakta Diyara, Digha Ghat, Dinapur-Cum-Khagaul, District- Patna At Present Resident Of - Panchwati Colony, Digha Ghat, Near Rajiv Nagar, Road No.-23, P.O. And P.S.- Digha Ghat, Dinapur-Cum-Khagaul, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-12-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

The prosecution allegation, in short, is that country made pistols are recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.61549 of 2021(2) dt.24-12-2021 2/2 petitioner. Arms are said to have been recovered from the possession of the co-accused and a car. The car in question does not belong to the petitioner. The name of the petitioner has transpired on the basis of disclosure made by the co-accused. There is no recovery of arms from the possession of the petitioner. 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, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -IV, Patna City in connection with Malsalami P.S. Case No. 277/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T