Patna High CourtCR. MISC./61361/2024bail granted

Lav Kush Kumar v. The State Of Bihar

2024-09-05Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61361 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Lav Kush Kumar Son of Shailesh Mauar @ Shailendra Mauar R/o VillageSatya Shivnagar, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Udwantnagar P.S. Case No. 192 of 2024 registered for the offence punishable under Sections-25(1-B)(a)/25/26 of the Arms Act.

3. Allegedly, on the tip off, the informant along with police personnel reached the place of occurrence where seeing the police, one person was found fleeing away and with the help of police, that person (the petitioner) was apprehended. On search, three live cartridges and a fired cartridge were recovered from his pocket.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.61361 of 2024(2) dt.05-09-2024 2/2 in this case. He is the person of clean antecedent. It has also been submitted that the I.O. submitted charge sheet without sanction of the District Magistrate which is against the mandatory provision of Section-39 of the Arms Act. The petitioner is under incarceration since 12-05-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, specially the fact that the petitioner is the person of clean antecedent, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 192 of 2024 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) A.K.V.//- U T