Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63169 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- NAUBATPUR District- Patna ====================================================== Anand Kumar Son Of Raj Mahal Goswami @ Raj Mili Goswami @ Raj Mal Goswami Resident Of Village - Khajuri, P.S.- Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Raushan For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Naubatpur P.S. Case No. 191/2024 dated 31.03.2024 registered for the offence punishable u/s 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, on seeing police, three unknown miscreants boarded on a motorcycle started fleeing away but they were apprehended who disclosed their names as Anand Kumar (the petitioner), Deepu Kumar @ Deepak and Vikash @ Vivek Kumar. On search, one loaded country-made pistol and a live cartridge were recovered from the possession of the petitioner whereas one live cartridge was recovered from the

Patna High Court CR. MISC. No.63169 of 2024(2) dt.24-09-2024 2/3 possession of the co-accused Vikash and one live cartridge and a mobile phone were recovered from the possession of the coaccused Deepu Kumar @ Deepak.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur, Patna in connection with Naubatpur P.S. Case No. 191/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.63169 of 2024(2) dt.24-09-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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