Kavi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75040 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Kavi Kumar Son of Vishwanath Rai @ Bindeshwar Rai Resident of VillageHematpur, PS- Rustampur O.P. (Raghopur), District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhusudan Lal Jamuar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Raghopur (Rustampur O.P.) P.S. Case No. 12 of 2024, instituted for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3.

The prosecution case, in short, is that, one country made pistol has been recovered from the possession of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.75040 of 2024(2) dt.25-10-2024 2/2 the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 05.01.2024 and has got one criminal antecedent. There is no compliance of Section 100 of Cr.P.C. Other coaccused has been granted bail by this Court vide order dated 04-09-2024, passed in Cr. Misc. No. 61838 of 2024. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghopur (Rustampur O.P.) P.S. Case No. 12 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T