Vishwakarma Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85480 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== Vishwakarma Kumar Son of Kariman Sao Resident of Village - Ojha Bigha, P.S. and Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Niwas Prasad For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Arwal P.S. Case No. 314 of 2019 for the offences punishable under Sections 147, 148, 307, 323, 504 of the Indian Penal Code and Sections 25(1-b)A/a, 26, 27 of the Arms Act. The allegation is regarding certain accused persons having arrived at the fish shop and having started abusing the owner of the said fish shop and thereafter the said accused persons are said to have threatened the informant and had also snatched a sum of Rs. 7,000/- from him. Subsequently, the said accused persons are said to have again come to the place of the informant and had made an attempt to kill the informant and firing is stated to have been resorted to by the accused person, namely, Mokhtar, however, the pistol had

Patna High Court CR. MISC. No.85480 of 2019(2) dt.07-01-2020 2/2 misfired, nonetheless the neighbouring people had arrived there and caught hold of the petitioner and upon search one country made pistol was recovered.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case, he is having a clean antecedent and is languishing in custody since 26.09.2019.

Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the petitioner, this Court is of the view that it would be appropriate to direct for release of the petitioner on regular bail immediately upon completion of six months of his custody i.e. w.e.f. 26.09.2019 and further subject to such condition as may be imposed by the learned court of Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 314 of 2019.

With the aforesaid observations and directions, the present petition stands disposed of.

(Mohit Kumar Shah, J) Tiwary/- U T