Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77802 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- PARAIYA District- Gaya ====================================================== Om Prakash Kumar, Male, aged about 27 years, son of Sri Nunu Sharma, resident of village-Mahadeopur, P.S.Paraiya, District-Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar For the Opposite Party/s :
Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 394 of the the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act. As per FIR that on 11.10.2019 at about 10.15 at night, the informant was sleeping in his house, on sound he opened the door and saw that one Om Prakash Kumar (petitioner) was standing who had knocked the door, he dashed the informant and entered into the room and pointed pistol on the informant whereupon informant raised an alarm and caught hold petitioner. Thereafter, petitioner assaulted him with pistol butt as a result, the informant became injured and police came and recovered one pistol from the place of occurrence.
Patna High Court CR. MISC. No.77802 of 2019(2) dt.29-11-2019 2/2 Learned counsel for the petitioner submits that there is no recovery of any arms from the conscious possession of the petitioner rather it was recovered from the front of the house of the informant. Petitioner is in jail custody since 12.10.2019. In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Gaya in connection with Paraiya P.S.Case No.171 of 2019. (Anjani Kumar Sharan, J) B.Kr./- U T