Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85237 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== 1.

Kishan Kumar Son of Manoj Kumar Manohar Resident of Village-Arniya, P.S-Jandaha, District-Vaishali.

2.

Prashant Kumar Son of Jaggu Singh Resident of Village-Arniya, P.SJandaha, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-03-2020 Learned counsel for the petitioners and learned APP for the State.

The instant application for regular bail has been filed by the petitioners in connection with Jandaha P.S. Case No.211 of 2019 registered for the offence punishable under sections 25(1-b)a, 26 and 35 of the Arms Act.

As per allegation in the FIR, on information having been received a raid was conducted. On seeing the police personnel, the accused persons including the two petitioners herein attempted to escape but were caught. It is stated that from the possession of the petitioner no.1, a loaded country made pistol and a live cartridge was recovered and from the possession of the petitioner no.2 a live cartridge besides amount

Patna High Court CR. MISC. No.85237 of 2019(3) dt.18-03-2020 2/2 in cash was recovered.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R. are false and concocted. The petitioners are in custody since 27.8.2019. With respect to their criminal antecedent in connection with Jandaha P.S. Case No.210 of 2019, it is submitted that it was after their arrest in the present case that they were remanded in the said case which was initially lodged against unknown. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above including the fact that the petitioners are in custody for more than six months, this Court is inclined to enlarge the petitioners on bail. Let the petitioners be enlarged on bail in connection with Jandaha P.S. Case No. 211 of 2019 on their furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Vaishali at Hajipur. (Partha Sarthy, J) Bibhash/- U T