Pintu Prasad @ Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61722 of 2022 Arising Out of PS. Case No.-465 Year-2022 Thana- SIRDALA District- Nawada ====================================================== Kaushal Kumar Son Of Lakhan Prasad R/V- Nawabganj, P.S- Sirdala, DistNawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61777 of 2022 Arising Out of PS. Case No.-465 Year-2022 Thana- SIRDALA District- Nawada ====================================================== 1.

Pintu Prasad @ Pintu Kumar Son Of Rajendra Prasad Resident Of VillageChomuha, P.S.- Sirdala, District- Nawada(Bihar) 2.

Subodh Kumar Son Of Govind Mistri Resident Of Village- Chomuha, P.S.- Sirdala, District- Nawada(Bihar) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 61722 of 2022) For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Brajendra Nath Pandey (In CRIMINAL MISCELLANEOUS No. 61777 of 2022) For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Sirdala P.S. Case No. 465 of 2022 registered under sections 25 (1-b)a, 26/35 of Arms Act.

Patna High Court CR. MISC. No.61722 of 2022(2) dt.20-02-2023 2/3 Prosecution case in short is that when police team went for arresting some criminals in other case, then got information that accused of the said case namely, Bipin Singh, Pintu Prasad and Subodh Kumar were sleeping in the cemented room, thereafter police raided there and found one loaded country made pistol along with one live cartridge under the bed. On query, the accused person disclosed that the said incriminating article has been given by Kaushal Kumar (Petitioner).

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel submits in respect of petitioner Kaushal Kumar that neither any incriminating article has been recovered from his conscious possession or from his house and nor he has concern with the co-accused persons. Further learned counsel in respect of petitioners, namely, Pintu Prasad and Subodh Kumar submits that they have no concern with the alleged recovery of arms and ammunition and the recovery has been made from jointly occupied house. They are languishing in judicial custody for more than six months.

The application for bail is vehemently opposed by

Patna High Court CR. MISC. No.61722 of 2022(2) dt.20-02-2023 3/3 learned APP for the State.

Having heard learned counsel for the parties, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Sirdala P.S. Case No. 465 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Nawada.

(Sunil Kumar Panwar, J) shubham/- U T