Allowed

Kalu Kumar v. The State of Bihar

Patna HC12 Jul 2024CR. MISC./39013/2024

Case brief

AI extract

What is this about?

Bail application in an Arms Act case involving recovery of a country-made pistol and live cartridge. The court noted absence of independent seizure witnesses and that a co-accused had already been granted bail, and released the petitioner on bail.

What did the court decide?

Petitioner released on bail on furnishing bail bond of Rs.10,000 with two like sureties before ACJM-XIII, Patna, subject to presence at trial.

Kalu Kumar Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39013 of 2024

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Arising Out of PS. Case No.-557 Year-2023 Thana- DIGHA District- Patna

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======================================================

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Kalu Kumar S/o Sanjay Sao R/o Jhoparpatti Naharpar, in front of Patliputra Station, P.S. - Rupaspur, Distt. - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Uday Kumar, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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4 12-07-2024

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Let the defect(s) be ignored as pointed out by the Stamp Reporter.

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner is in custody for an offence punishable under Section 25(1-b)a, 26 and 35 of the Arms Act.

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As per allegation in the FIR, one country made pistol and live cartridges were recovered from the possession of the petitioner.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is in custody since 22.07.2023.

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Learned APP for the State opposes the prayer for

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Patna High Court CR. MISC. No.39013 of 2024(4) dt.12-07-2024 2/2

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bail of the petitioner.

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On perusal of the first information report and impugned order dated 22.02.2024, it appears that one country made pistol and one live cartridge were recovered but no independent witness of seizure list and one co-accused has been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 6537 of 2024, so considering all the circumstances, I am inclined to grant bail to the petitioner.

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Let the above named petitioner 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-XIII, Patna in connection with Digha P.S. Case No. 557 of 2023, subject to the condition that the petitioner shall remain present before the trial Court on each and every date till conclusion of the trial.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Kalu Kumar v. The State of Bihar

Case brief

What is this about?

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Kalu Kumar v. The State of Bihar

Case brief

What is this about?

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