Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71760 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- BARAULI District- Gopalganj ====================================================== 1.

Pawan kumar S/o Tuntun Manjhi R/o vill - Kahla, P.S. - Barauli, Distt.- Gopalganj 2.

Akash Kumar S/o Late Dileep Manjhi R/o vill - Kahla, P.S. - Barauli, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 25(1b) (a), 26 and 35 of the Arms Act.

3. The prosecution case in brief is that the police party got secret information that two persons are coming from Bakhraur towards Kahla with arms. On this information, police party reached there. However, after seeing the police vehicle, they are tried to flee away. After chasing, both were apprehended and on interrogation, both have disclosed their name as Akash Kumar and Pawan Kumar (petitioners herein).

Patna High Court CR. MISC. No.71760 of 2024(2) dt.07-10-2024 2/2 Accordingly the FIR.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather the same has been recovered from the bush. Moreover, the petitioner is languishing in judicial custody since 29.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submits that both the petitioners have one criminal antecedent each in their belt.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioners are directed to be released on bail in connection with Barauli P.S. Case No. 193 of 2024 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, Gopalganj.

(Ashok Kumar Pandey, J) Jagdish/- U T