Pradeep Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.36544 of 2017 (2) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36544 of 2017 Arising Out of PS.Case No. -129 Year- 2017 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Pradeep Kumar Son of Vipin Yadav @ Bhupendra Yadav, R/o VillageSisoni, P.S.- Kishanpur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Sanjay Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 26.05.2017 in connection with Kishanpur P.S. Case No. 129 of 2017 for offences punishable under Sections 25 (1-B) a and 26 of the Arms Act.

The prosecution case, as lodged by the police personnel on the information, furnished by one Babita Devi, who is wife of the petitioner, that petitioner has kept some illegal arms in the house, the police raided the house of the petitioner and a country made pistol and two live cartridges were recovered which was kept beneath the bed, and accordingly, a seizure list was

Patna High Court Cr.Misc. No.36544 of 2017 (2) dt.19-08-2017 prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated by his wife due to disturb relationship between them. He submits that his wife Babita Devi has also lodged an FIR against the petitioner, who is her husband, bearing Kishanpur P.S. Case No. 130 of 2017 where only 180 ml. foreign liquor was recovered However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail after completion of five months in custody 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, Supaul, in connection with Kishanpur P.S. Case No. 129 of 2017.

(Nilu Agrawal, J) sushma/- U T