Akhilesh Kumar @ Anand Kumar @ Anand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53151 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- NAYAGAON District- Begusarai ====================================================== AKHILESH KUMAR @ ANAND KUMAR @ ANAND Son of Bipin KUmar @ Bipin Singh R/V- Gorgama, Ward No. 2, P.S- Nayagaon, DistBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 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 defect(s), as pointed out by the office, within a period of four weeks.
The petitioner seeks bail in a case registered under Sections 25(1-b)a, 26, 35 of the Arms Act.
Prosecution case, in short, is that two loaded country made pistols and three live cartridges are recovered. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.05.2022. Charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The
Patna High Court CR. MISC. No.53151 of 2022(2) dt.16-12-2022 2/2 petitioner has falsely been implicated in the present case. There is no recovery of arms from the possession of the petitioner. The petitioner has been made accused due to mistake of fact. The alleged arms are stated to have been recovered from the coaccused, namely, Kanhaiya Kumar and Prince Kumar @ Chhotu.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, is directed be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Miss Neha Nayyar, learned Judicial Magistrate, 1st class, Begusarai in connection with Nayagaon P.S. case No.33 of 2022. (Sudhir Singh, J) Narendra/- U T