Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80367 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Prakash Kumar Suraj Prasad Patwa @ Suraj Prasad Resident of VillageAkhadaghat Road, P.S- Nagar, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha.1, APP For the Informant :

Mrs. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Madhubani (Town) P.S. Case No. 226 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Police on the basis of secret information raided the rented house of the petitioner and recovered one country-made pistol loaded with five live cartridges from the co-accused Prakash Jha.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.80367 of 2024(3) dt.17-02-2025 2/2 that petitioner has got no concern with the recovered arms and ammunitions rather the recovery has been made from the coaccused. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.07.2024 and has one criminal antecedent. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no recovery of arms and ammunitions from this petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Madhubani (Town) P.S. Case No. 226 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T