Champam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62828 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- Kotwali District- Darbhanga ====================================================== Champam Kumar Son Of Bechan Yadav @ Vechan Yadav Resident Of Village - Kakarghati, P.S. - Sadar, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhas Ranjan, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 13 of 2024 instituted for the offence under Sections 25(1-B)a, 26 & 35of the Arms Act. 3.

Prosecution case in short is that during the course of vehicle checking, accused persons including the petitioner, who were on motorcycle, were stopped by police party and on search two cartridges were recovered from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-05-2024. Petitioner is a man of clean antecedent.

Patna High Court CR. MISC. No.62828 of 2024(2) dt.06-09-2024 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged recovered arms. Nothing has been recovered from the conscious possession of the petitioner. Motorcycle belongs to the co-accused, namely, Gautam Kumar. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwali P.S. Case No. 13 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T