Patna High CourtCR. MISC./64436/2023bail granted

Nitish Kumar v. The State Of Bihar

2023-10-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64436 of 2023 Arising Out of PS. Case No.-736 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== NITISH KUMAR S/O UMAKANT MANDAL R/O VILLAGE- HARIHAR TOLA, P.S- ALAM NAGAR, DISTT.- MADHEPURA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indeshwari Prasad Mandal For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Kahalgaon P.S. Case No. 736 of 2023 registered for the offence under Sections under Sections 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, two country made pistol with two live cartridges were recovered from a vehicle which was driven by the petitioner.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to suspicion as he was only the driver of the vehicle and he has no knowledge about the illegal weapons.

Patna High Court CR. MISC. No.64436 of 2023(2) dt.11-10-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner has no criminal antecedents and he is in custody since 22.06.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

9. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P.S. Case No. 736 of 2023.

(Sandeep Kumar, J) Vikas/- U