Vinod Kumar Kaushal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51310 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== Vinod Kumar Kaushal, S/O Rampratap Singh, Resident of village- Kehora, P.S.- Tekari, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with Chandauti P.S. Case No. 122 of 2022 registered for the offences punishable under Sections 25(1B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, The police received information that two groups of people were fighting. When the police reached the place of occurrence, they

Patna High Court CR. MISC. No.51310 of 2022(2) dt.11-01-2023 2/3 apprehended the co-accused and four live cartridges were recovered from his possession and one country-made pistol was recovered from his toto rickshaw. Further, the police seized four motorcycles kept at the place of occurrence and from the dickey of a motorcycle bearing registration no. BRO2AK- 0604, one live cartridge was recovered. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is the owner of the motorcycle bearing registration no. BR02-AU-6386. Nothing has been recovered from the possession of the petitioner and no recovery has been made from his motorcycle. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties

Patna High Court CR. MISC. No.51310 of 2022(2) dt.11-01-2023 3/3 of the like amount each to the satisfaction of learned A.C.J.M.-III, Gaya in connection with Chandauti P.S. Case No. 122 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. The application stands allowed.

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