Om Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63315 of 2021 Arising Out of PS. Case No.-141 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== OM PRAKASH KUMAR Son of Ram Ayodhya Roy (Wrongly written as 25 Years in the FIR), Permanent Resident of Village - Dumari, P.S.- Bihta, Distt.- Patna, Presently residing at Village - Sakaddi, P.S.- Koilwar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-02-2022 Heard Mr. Sanjeev Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks regular bail in connection with Koilwar PS Case No. 141/2021 registered for the offence punishable under Sections 399/402/414/34 of the IPC and Sections 25(1-b)a/26/35 of the Arms Act.

The police, on the basis of secret information that some miscreants assembled near Kulhariya Mor and were planning to commit loot, proceeded toward the place of occurrence, recovered loaded country made pistol along with live cartridges, sum of Rs. 24,000/- and a Bajaj Pulsar Motorcycle.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.63315 of 2021(2) dt.11-02-2022 2/2 motive and he has not committed any offence in the manner alleged. He further submits that the motorcycle which was recovered from the possession of the petitioner belongs to him. Learned counsel also submits that prior to the present case, no criminal case was registered against the petitioner, however, after this case, he has been remanded in one another case and he is in custody since 03.04.2021 Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that only one loaded pistol along with one cartridge has been recovered from the petitioner, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, OM PRAKASH KUMAR be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar PS Case No. 141/2021.

(Anil Kumar Sinha, J) perwez U T