Aadarsh Priyadarshi @ Priyadarshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68949 of 2024 Arising Out of PS. Case No.-134 Year-2024 Thana- MUSAHARI District- Muzaffarpur ====================================================== Aadarsh Priyadarshi @ Priyadarshi S/o Late Vikash Bharti R/o vill - Mahamadpur Shivram, P.S. - Sakra, Distt. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Mr.Randhir Kumar No 1 For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Mushahari P.S. Case No. 134/2024 dated 16.05.2024 registered for the offences punishable u/s 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, on 16.05.2024 at about 12:15 PM the informant along with his team proceeded for patrolling. At about 15:00 hrs, the informant got information that team of IT Department, Muzzafarpur was conducting a raid at Vivekanand Kids play school of the petitioner. The informant reached the petitioner's school and saw that IT Department team was questioning Vice Principal of the school, Adarsh
Patna High Court CR. MISC. No.68949 of 2024(3) dt.18-10-2024 2/3 Priyadarshi (petitioner). It was revealed by the IT Department that the petitioner (Adarsh Priyadarshi) who is the Vice Principal of the school has kept the illegal weapons in the Godrej. On Search, a country-made pistol without cartridge, a dual barrel country-made pistol without cartridge, a countrymade sixer without cartridge, a country-made katta without cartridge, a country-made pistol without cartridge and a 7.65 mm country-made pistol with empty magazine were recovered from the godrej almirah of the Vivekanand Kids Play School. Further, on query Aadrash Priyadarshi (petitioner) replied that the Director of the school Vijay Jha, Seema Jha and the Principal of school Avinash Kumar had kept the illegal weapons and further alleged that prior to this incident we have kept the weapons in school for several times for the sale and purchase.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovered arms. The petitioner has clean antecedent as stated in para 3 of the case diary. The petitioner is in custody since 17.05.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated
Patna High Court CR. MISC. No.68949 of 2024(3) dt.18-10-2024 3/3 04.09.2024 passed in Cr. Misc No. 55234 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Mushahari P.S. Case No. 134/2024, with the following condition/s :- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T