Buddhu Kumar @ Buddhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70594 of 2018 Arising Out of PS. Case No.-226 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Buddhu Kumar @ Buddhu Sahani Son of Rannu Sahani, Resident of Mohalla Nakhaspind Devi Asthan, Machhuatoli, P.S. Malsalami, Distirct Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 10.6.2018 in a case registered for the offences punishable under Section 414/34 of the I.P.C. and Sections 25(1-B),a 26 and 35 of the Arms Act.

The prosecution case as per the written report of Upendra Rajak, SI, Chowk Police Station is to the effect that on the basis of the confessional statement of Shubham Kumar, accused in connection with Chowk P.S. Case No. 225 of 2018, the informant left the police station on 10.6.2018 at 8.00 P.M. to arrest other accused persons in

Patna High Court Cr.Misc. No.70594 of 2018(6) dt.31-01-2019 2/3 the said case, in the meantime, three persons travelling on a motorcycle were intercepted who disclosed their names as Buddhu Kumar (petitioner), Bikki Kumar and Vishal Kumar. It is alleged that from the possession of the petitioner, one country made pistol and Rupees Four Thousand Five Hundred were recovered whereas from the pocket of co-accused Bikki Kumar and Vishal Kumar, five thousand rupees each were recovered and no document with regard to the motorcycle was produced by the accused persons.

It is submitted by learned counsel for the petitioner that the investigation has already been concluded and the petitioner is accused in one other case under the Arms Act and only on the basis of suspicion, the accusation under Section 414 of the IPC has been levelled against the petitioner.

Learned APP submits that recovery of arms has been made from the possession of the petitioner.

Considering the nature of recovery and the fact that investigation has already been concluded, coupled with the period under custody, let the petitioner above named be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.70594 of 2018(6) dt.31-01-2019 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM II, Patna City in connection with Chowk P.S. Case No.226 of 2018.

(Dinesh Kumar Singh, J) anil/- U