Himanshu Kumar @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12540 of 2021 Arising Out of PS. Case No.-657 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== HIMANSHU KUMAR @ SANDEEP KUMAR S/O RAMAKANT DUBEY R/V-LAKHAURA TOLA DUBAULIA, P.S KUMARBAGH O.P (CHANPATIA), DISTRICT-WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Nath Jha, Advocate For the Opposite Party/s :

Smt. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Bettiah (Mufassil) P.S. Case no. 657/2020 registered under sections 399 and 403 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, on receiving information that the accused persons were making plans to give effect to an occurrence, on a raid being conducted, while three persons were caught, three persons including the petitioner managed to escape.

Patna High Court CR. MISC. No.12540 of 2021(2) dt.25-06-2021 2/2 It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and incorrect. There is no material against the petitioner except the confessional statement of a co-accused made before the police. He is in custody since 11.10.2020 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bettiah (Mufassil) P.S. Case no. 657/2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah.

Spd/- (Partha Sarthy, J) U