Akash Kumar @ Akash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85785 of 2024 Arising Out of PS. Case No.-497 Year-2024 Thana- SONEPUR District- Saran ====================================================== Akash Kumar @ Akash Rai S/O Mahesh Rai R/O Village- Manpur, P.SSonepur, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Sonpur P.S. Case No. 497 of 2024 registered for the offence under Sections 26(1-b), 26 and 35 of the Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 27.07.2024.

4. The allegation against the petitioner is having in possession of one country-made pistol and two live cartridges along with other co-accused persons.

5. Learned counsel appearing on behalf of the petitioner submitted that the recovery of country-made pistol

Patna High Court CR. MISC. No.85785 of 2024(2) dt.22-01-2025 2/3 was made from the possessions of co-accused, namely, Sahzad Alam, and on the basis of his disclosure only, petitioner was implicated with present case. It is submitted that admittedly no fire arms as alleged was recovered from the physical possession of this petitioner. It is submitted that seizure list appears disputed as same is not supported by independent witness rather by police personnel. It is further submitted that the similarly situated co-accused has already granted bail by this court through Cr. Misc. No. 63780 of 2024 vide order dated 11.09.2024. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid facts and submission as alleged fire arms prima-facie not appears to be recovered from physical possession of this petitioner, coupled with fact that investigation has already been completed, where petitioner is in custody since 27.07.2024, accordingly, petitioner above named, is directed to be released on bail in

Patna High Court CR. MISC. No.85785 of 2024(2) dt.22-01-2025 3/3 connection with Sonpur P.S. Case No. 497 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM Saran at Chapra/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T