Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76127 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Banti Kumar S/o Shri Shravan Kumar R/o vill - Danada, P.S. - Daniyawan, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Gaurichak P. S. Case No.260 of 2024 under Sections 25(1-B)a/ 26 and 35 of the Arms Act.

3. As per the prosecution, the FIR has been lodged against three named accused persons including the petitioner against whom there is allegation of recovery of one desi katta from the possession of one co-accused, namely, Atul Raj.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's named has figured in this case by virtue of confessional statement of co-accused from whose possession,

Patna High Court CR. MISC. No.76127 of 2024(2) dt.12-11-2024 2/2 one desi katta has been recovered.

5. Learned Counsel also submits that antecedent of the petitioner is clean, but subsequently police has identified the name of the petitioner from the mouth of the co-accused who has said that he has received gift from the petitioner.

6. Learned APP for the State opposes the prayer for bail and submits that the present case has been lodged under Arms Act, but recovery of arms has not been made from the conscious possession of the petitioner.

7. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-VI, Patna City in connection with Gaurichak P. S. Case No.260 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T