Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72985 of 2024 Arising Out of PS. Case No.-195 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Pawan Kumar Son of Harishankar Bhagat Resident of village - Badapakar, P.S.- Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the State :

Mr. Kanhaiya Kishore (App 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pakaridayal P.S. Case No. 195 of 2023 instituted for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one country made pistol along with live cartridges and a motorcycle has been recovered from the accused person.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He further submits that petitioner was not arrested at the spot and nothing incriminating

Patna High Court CR. MISC. No.72985 of 2024(2) dt.31-01-2025 2/2 article has been recovered from his conscious possession of the petitioner. He next submits that the name of the petitioner has been surfaced only on the basis of confessional statement of coaccused person namely Keshav Kumar. Petitioner is in custody since 28.08.2024. It is further submitted that co-accused has granted bail by the Co-ordinate Bench of this Court in Cr. Misc. No. 62151 of 2024.

5. Learned APP opposes the prayer for bail.

6.

Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, 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 Additional Chief Judicial Magistrate8th, East Champaran, Motihari in connection with Pakaridayal P.S. Case No. 195 of 2023.

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