Abhishek Kumar @ Sonu @ Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2170 of 2023 Arising Out of PS. Case No.-57 Year-2021 Thana- CHAUSA District- Madhepura ====================================================== ABHISHEK KUMAR @ SONU @ ABHISHEK SINGH S/o Mukesh Kumar Singh @ Mukesh Kumar Singh Anand R/v- Sahpur, P.S.- Gwalpara, DistrictMadhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, five live cartridges were recovered from possession of this petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.2170 of 2023(2) dt.28-03-2023 2/2 petitioner has falsely been implicated in the present case by the police due to his previous criminal antecedents. It is further submitted that only five live cartridges were recovered from the possession of the petitioner, no any fire arm was recovered from his possession. The petitioner has no concern with the alleged recovery or with the co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 17.6.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chausa P.S. Case No. 57 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Madhepura. (Sunil Kumar Panwar, J) Amandeep/- U T