Patna High CourtCR. MISC./75868/2024bail granted

Prince Kumar @ Bhulla v. The State Of Bihar

2024-10-23Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75868 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Prince Kumar @ Bhulla S/o- Pankaj Sharma Resident of VillageBabhangama PS- Nowkhothi Disrtict- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Adv.

Ms. Rani Shashi Bharti, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nowkothi P.S. Case No. 73 of 2024 instituted for the offences under Sections 27(1-B) (a), 26, 35 of the Arms Act.

3. As per prosecution case, the police has recovered one country-made Katta from the field of maize in front of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner rather

Patna High Court CR. MISC. No.75868 of 2024(2) dt.23-10-2024 2/3 the recovery has been made from the maize field and, that too, at the instance of the co-accused Gaurav Kumar. In the entire investigating, nothing has come against the petitioner. He further submits that earlier in Nowkhothi P.S. Case No. 71 of 2024, the petitioner was made accused on suspicion and, after arrest in the aforesaid case, the police has also dragged him in the present case. The petitioner has no concern with the alleged occurrence. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has one criminal antecedent. Though the petitioner was arrested on 05.05.2024 but, in this case, he was remanded in judicial custody on 04.06.2024. Charge-sheet has been submitted against the petitioner bearing charge sheet no. 154/24 on 29.07.2024 under Sections 25(1-B)a, 26/35 of the Arms Act.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.75868 of 2024(2) dt.23-10-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Nowkothi P.S. Case No. 73 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T