Vishwa Nath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61188 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- BARAUNI District- Begusarai ====================================================== Vishwa Nath Kumar S/o Ranjeet Nishad @ Ranjeet Kumar R/o vill - (Malhipur) Simariyaghat Bind Toli, P.S. - Barauni, (Chakiya O.P), Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Barauni (Chakiya O.P.) P.S. Case No. 74 of 2024, instituted for the offences punishable under Sections 25(1-b)(a), 26 and 35 of the Arms Act. 3.

The prosecution case, in short, is that, one country made pistol has been recovered from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.61188 of 2024(2) dt.23-08-2024 2/2 further submitted that the petitioner has got no concern with the alleged recovery of country made pistol. The petitioner is in custody since 22.02.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other coaccused has been granted bail by this Court vide order dated 26-07-2024, passed in Cr. Misc. No. 39351 of 2024. 5.

Learned APP 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 and taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barauni (Chakiya O.P.) P.S. Case No. 74 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T