Patna High CourtCR. MISC./72258/2024bail granted

Pintu Kumar v. The State Of Bihar

2025-03-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72258 of 2024 Arising Out of PS. Case No.-686 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Pintu Kumar S/o Late Narayan Prasad Singh R/o vill - Salkhua Bazar, P.S.- Bakhtiyarpur, Distt. -Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Raj, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioner is in custody in a case registered for an offence punishable under Sections 414 of the Indian Penal Code and Sections 25(1-A), 25(1-AB), 26, 26(2)of the Arms Act.

3. Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 16.04.2024 in Cr. Misc. No.26637 of 2024.

3. Allegation against the petitioner is to have in possession of one loaded regular rifle.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case. He further submits that from perusal of the ballistic report

Patna High Court CR. MISC. No.72258 of 2024(4) dt.19-03-2025 2/2 which has been called earlier by this Court shows that recovered arm is not in purview of the prohibited arms. He next submits that petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. Petitioner is in custody since 20.12.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the fact that petitioner is in custody since 20.12.2023 and also considering report of the ballistic expert and case diary, let the above named petitioner be released on bail, on furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saharsa in connection with Bakhtiyarpur P.S. Case No.686 of 2023.

(Ramesh Chand Malviya, J) Harshita/- U T