Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75054 of 2022 Arising Out of PS. Case No.-423 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Abhishek Kumar Son Of Nagendra Singh Resident Of Village - Khilwat, P.S.- Bidupur, District - Vaishali.

2.

Sunny Kumar @ Shani Kumar Son Of Lakhi Singh Resident Of Village - Khilwat, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Sinha For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for grant of bail in connection with Bidupur P.S. Case No. 423 of 2022 registered under sections 25(1-b)a/26/35 of the Arms Act. Prosecution case relates to recovery of one country made loaded pistol with one live cartridge from the possession of the petitioner, namely, Abhishek Kumar and one live cartridge from the petitioner, Sunny Kumar.

Learned counsel for the petitioners submits that the petitioner are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted

Patna High Court CR. MISC. No.75054 of 2022(2) dt.24-03-2023 2/2 that they had no concern either with the seized pistol and cartridge or with the alleged occurrence. Nothing has been recovered from their conscious possession. There is no independent witness of the seizure list. They are languishing in judicial custody since 06.08.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Bidupur P.S. Case No. 423 of 2022 on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hajipur.

(Sunil Kumar Panwar, J) shubham/- U T