Vishal Kumar @ Anshu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69096 of 2018 Arising Out of PS. Case No.-392 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Vishal Kumar @ Anshu Son of Rajendar Prasad Resident of Dariyapur Chai Tola, P.S. Kadam Kuan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Kadam Kuan PS case no. 392 of 2018 registered for the offence punishable under Sections 25(1-b)a, 26 of Arms Act r/w 37(b)(c) of the Bihar Excise & Prohibition Act, 2016. The allegation is regarding the petitioner having been found in an inebriated condition and when the police had searched the person of the petitioner, one pistol along with live cartridges was recovered.

The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. As far as the antecedent of the petitioner is concerned, he is an accused in one other case but has been

Patna High Court Cr.Misc. No.69096 of 2018(3) dt.09-01-2019 2/2 granted bail in the said case and apart from the said case and the present one, no other case is pending against the petitioner. Lastly, it is submitted that the petitioner is languishing in custody for more than six months, hence the petitioner has already been punished suitably for the moment. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Patna in connection with Kadamkuan PS case no. 392 of 2018. (Mohit Kumar Shah, J) rinkee/- U T