Roushan Kumar @ Lukesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64918 of 2021 Arising Out of PS. Case No.-113 Year-2021 Thana- PARASBIGHA District- Jehanabad ====================================================== ROUSHAN KUMAR @ LUKESH Son of Satish Kumar Sharma @ Sateesh Kumar R/O Vill.- Sahar Rampur, P.S.- Naubatpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 and 412 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 10.07.2021, charge-sheet has been submitted in the case and has antecedent of 04 cases. Learned counsel for the petitioner submits that the allegation is of recovery of a loaded country-made pistol from the petitioner who was arrested along with the named accused persons by the police while fleeing.

Learned counsel for the petitioner submits that the mother of the petitioner had instituted a Complaint Case No. 991C

Patna High Court CR. MISC. No.64918 of 2021(3) dt.13-04-2022 2/2 of 2020 against Somnath Deepak, the Officer-in-Charge of Naubatpur P.S. on account of which the police started implicating her son i.e. the petitioner in different cases. Learned counsel submits that in the present case also the petitioner has been falsely implicated when nothing was recovered from his possession and even presuming what is alleged is true, without admitting for the purposes of bail, the main thrust of the allegation is under the Arms Act.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Paras Bigha P.S. Case No. 113 of 2021 with a condition that one of the bailors of the petitioner shall be his mother, Vibha Devi.

(Satyavrat Verma, J) Rishi/- U T