Patna High CourtCR. MISC./76367/2024bail granted

Kamlesh Singh v. The State Of Bihar

2024-10-24Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76367 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Kamlesh Singh Son of Late Rambran Singh Resident of Village - Mathurapur, P.S. - Phtehpur, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Madhubala Verma, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Triyani P.S. Case No. 147 of 2024 instituted for the offences under Sections 25(1-B) (a), 26, 35 of Arms Act.

3. As per prosecution case, the allegation against the petitioner is of selling of country-made pistol with two knives to the co-accused Md. Sahnawaj, who was apprehended with the said weapon by police in course of random vehicle check.

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. The petitioner was not arrested on spot and his name was disclosed by the co-accused Sahnavaj and, on his disclosures, he

Patna High Court CR. MISC. No.76367 of 2024(2) dt.24-10-2024 2/2 has been arrested by the police at his residence. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner or from his house. The petitioner has no criminal antecedent and is languishing in judicial custody since 15.08.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

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 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Triyani P.S. Case No. 147 of 2024. (Rudra Prakash Mishra, J) rishi/- U T