Himanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69416 of 2022 Arising Out of PS. Case No.-601 Year-2022 Thana- FATUA District- Patna ====================================================== HIMANSHU KUMAR S/o Chandra Bhushan Singh R/o - Near SBI Dumari, P.S.- Fatuha, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Fatuha P.S. Case No. 601 of 2022, registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of Arms Act. As per the prosecution, police personnel on secret information apprehended this petitioner and upon search from his possession a rifle and 24 live cartridges were recovered. The main submissions advanced by petitioner's counsel are that the petitioner has fair and clean antecedent, he

Patna High Court CR. MISC. No.69416 of 2022(2) dt.20-03-2023 2/2 has been languishing in jail since 22.08.2022, in fact he himself informed the police about the suspicious activity of someone and thereafter the police arrested this petitioner on false allegation and alleged recovery of firearms has not been supported by the witnesses during the investigation and the petitioner is a young person.

Learned APP appearing for the State has opposed the prayer for bail.

Considering the above submissions and mainly petitioner's fair and clean antecedent and also the fact that the recovery of alleged firearms was made before the official personnel and also taking into account the petitioner's custody period, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged 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 concerned Court in connection with Fatuha P.S. Case No. 601 of 2022.

(Shailendra Singh, J.) maynaz/- U T