Kishori Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76600 of 2024 Arising Out of PS. Case No.-316 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Kishori Kushwaha Son of Late Akalu Mahto @ Aklu Kushwaha Resident of Village - Nanhkar Belahiya, P.S. -Ramgarhwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-01-2025 Heard learned counsel for the petitioner and Mr. Rajendra Prasad, learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 25(1-b) a/26/35 of the Arms Act.
3. The case of the prosecution in short is that the informant received an information from local chowkidar that one country made pistol and one pair of chappal were lying in Eidgah. According to this information, the informant went to Eidgah and seized the articles over there.
4. Learned counsel appearing on behalf of the petitioner has submitted that it is clear from the FIR itself that it was lodged against unknown persons. The name of this petitioner has surfaced in the confessional statement of one,
Patna High Court CR. MISC. No.76600 of 2024(3) dt.23-01-2025 2/2 Gajendra Kumar Kushwaha wherein he has stated that this petitioner has put arms at Eidgah. There is nothing against this petitioner except the confessional statement of Gajendra Kumar Kushwaha. The petitioner is in custody since 04.09.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of the learned court of Judicial Magistrate, 1st Class, Raxaul at Motihari, East Champaran in connection with Adapur (Nakardei) P.S. Case No. 316 of 2023.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T