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Patna High CourtCR. MISC./65131/2023allowed

Prince Kumar v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65131 of 2023 Arising Out of PS. Case No.-983 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== PRINCE KUMAR son of Late Umesh Prasad Singh Village- Baluahi W.No30, Ps- Khagaria Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of Arms Act and Section 3/4 of the Explosive Act.

3. As per allegation in the F.I.R., it is the case of keeping the illegal weapons i.e., two country made bomb and eight live cartridges in the house of one Rajiv Kumar Yadav.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to monopoly of police. It is next submitted that the place of occurrence does not belong to the petitioner and nothing has been recovered from his conscious possession and recovery was made from the house of other co-accused namely Rajiv Kumar

Patna High Court CR. MISC. No.65131 of 2023(2) dt.12-10-2023 2/2 Yadav, who has already been granted bail vide order dated 16.02.2023 in Cr. Misc No. 14080 of 2023 and the case of the petitioner is on much better footing than that of the co-accused. Petitioner has got no criminal antecedent and languishing in judicial custody since 10.12.2021.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Khagaria, in connection with Khagaria P.S. Case No. 983 of 2021.

(Sunil Kumar Panwar, J) Adnan/Guddu U T