Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56984 of 2024 Arising Out of PS. Case No.-171 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Shivam Kumar Son of Bhola Nath Goswami @ Bhola Goswami villageManas, Naya Panapur, Ps- Akilpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ranitalab P.S. Case No. 171 of 2024 instituted for the offences under Section 414 of the Indian Penal Code and Sections 25(1b)a, 26, 35 of the Arms Act.

3. Prosecution case, in short, is that, police on the basis of secret information reached the place of occurrence. Seeing the police party, all the miscreants boarded on three motorcycles tried to escape but two of them boarded on two motorcycles were apprehended including this petitioner. On search, one country-made pistol was recovered from the petitioner. It is further alleged that two motorcycles were also

Patna High Court CR. MISC. No.56984 of 2024(2) dt.21-08-2024 2/3 recovered and the apprehended persons failed to produce any valid documents regarding the said motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Learned counsel further submitted that petitioner has got no concern with the recovered motorcycles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.05.2024 and has no criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

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

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

7. 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 Ranitalab P.S. Case

Patna High Court CR. MISC. No.56984 of 2024(2) dt.21-08-2024 3/3 No. 171 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T