Vimlesh Kumar @ Vimlesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53632 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -RAFIGANJ District- AURANGABAD ====================================================== Vimlesh Kumar @ Vimlesh Paswan S/o lal Chand Paswan r/o VillSonbarsa P.s Rafiganj, District Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Prem Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-11-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-B)a/26 of the Arms Act.
The prosecution is that Rafiganj P.S. Case No. 22 of 2015 was registered under Section 302 of the IPC and 27 of the Arms Act wherein Md. Samshad Alam was arrested who confessed that he killed the victim of Rafiganj P.S. Case No. 22 of 2015 and concealed the firearm in a wheat field which was recovered. On recovery of the Arms the present case was registered and subsequently Md. Samshad Alam confessed that the Arms was supplied by the petitioner.
Patna High Court Cr.Misc. No.53632 of 2015 (2) dt.26-11-2015 2/2 It is submitted by learned counsel for the petitioner that admittedly the recovery has not been made from the petitioner and the confession has been made at belated stage after registration of Rafiganj P.S. Case No. 22 and 23 of 2015. A statement has been made in paragraph 3 of the petition that the petitioner is accused in one other case but he is on bail. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 23 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T