Anurag Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73385 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Anurag Kumar, Son of Jagarnath Singh, R/O Village- Bajalpur, Ward No. 13, P.S.- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Teghra P.S. Case No. 121 of 2024, registered for the alleged offences under Sections 25 (1-B)a, 26 (1)/35 of the Arms Act.

3. As per prosecution case, police received information about two miscreants sitting in a community hall along with firearms, who were involved in an incident of firing. A raid was conducted and the petitioner and co-accused were apprehended. From the possession of this petitioner, a country made pistol loaded with three live cartridges was recovered. From the possession of co-accused, further recovery of a country made pistol loaded with four live cartridges was made.

Patna High Court CR. MISC. No.73385 of 2024(3) dt.25-10-2024 2/3

4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. From the FIR itself, it is apparent that there is matrimonial dispute in which the co-accused Satyam Kumar intervened. The petitioner tried to mediate between the informant and co-accused Satyam Kumar and for this reason he has been falsely implicated in this case. Nothing incriminating has been recovered from the person/possession of this petitioner. The learned counsel further submits that there is no compliance of mandatory provision of Section 100 Cr.P.C. and even during investigation, nothing material has come up against the petitioner. The petitioner is a reputed businessman of his locality and is in custody since 06.06.2024 and the charge sheet has been submitted. The petitioner is having criminal antecedent of three cases and he is on bail in all the three cases.

5. The learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.73385 of 2024(3) dt.25-10-2024 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 121 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T