Anand Kumar @ Anand Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70681 of 2019 Arising Out of PS. Case No.-218 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Anand Kumar @ Anand Kumar Rajak Son of Ayodhya Rajak Resident of Village-Mirapur, Police Station-Mufassil Siwan, District-Siwan. 2.

Neeraj Kumar @ Niraj Kumar Son of Birendra Gupta @ Birendra Kumar Gupta Resident of Village-Mirapur, Police Station-Mufassil Siwan, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

Petitioners seek regular bail in connection with Mirganj P.S. Case No.218 of 2019, for the offence punishable under Sections 25(1-B)a, 26/35 of the Arms Act. The prosecution story as per the First Information Report is that police intercepted a motorcycle and recovered a country-made pistol from the possession of one co-accused Prince Raj. It has further been alleged that Samsung mobile phone has been recovered from the possession of petitioner No.1 and 2 and the motorcycle on which three persons were riding belongs to petitioner No.1.

Patna High Court CR. MISC. No.70681 of 2019(2) dt.04-12-2019 2/2 Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and from perusal of First Information Report, it would be evident that no illegal arms has been recovered from the possession of the petitioners. Learned counsel further submits that mobile which were recovered from the possession of the petitioners belong to them. Lenard counsel further submits that petitioner No.1 is the owner of the motorcycle, as would be evident from Annexure-2. The petitioners are in custody since 03.09.2019.

Having regard to the submissions made by the parties and taking into consideration the fact that no illegal arms has been recovered from the possession of the petitioners and the petitioners are in custody since 03.09.2019, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XVI, Gopalganj, in connection with Mirganj P.S. Case No.218 of 2019. (Anil Kumar Sinha, J) sanjeev/- U T