Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3702 of 2024 Arising Out of PS. Case No.-342 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Akhilesh Kumar Chalitar Chouhan @ Charitra Chauhan R/o- Village- Motnaj PS- Muffasil Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

It is a case of recovery of one live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner has no concern

Patna High Court CR. MISC. No.3702 of 2024(2) dt.06-02-2024 2/3 either with the alleged recovery or with other co-accused persons. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 10.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Rambachchan Kumar has been granted bail vide order dated 31.01.2024, passed in Cr. Misc. No. 3184 of 2024 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Muffasil P.S. Case No. 342 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.3702 of 2024(2) dt.06-02-2024 3/3 to the satisfaction of the learned A.C.J.M. I, Nawada. (Sunil Kumar Panwar, J) Nirajkrs/- U T