Bikesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3759 of 2024 Arising Out of PS. Case No.-373 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Bikesh Kumar S/O Chhabila Singh Village- Bara Baudha, Ps. Sugauli, Dist. East Champaran At Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 400, 402, 414 of the Indian Penal Code, Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 8, 20(b)(ii)(c) of the N.D.P.S Act.

The prosecution case as per F.I.R is that the informant received information that one Amit Kumar is planing to commit dacoity along with 8-10 miscreants. On getting such information, the informant raided the house of Amit Kumar and apprehended nine accused

Patna High Court CR. MISC. No.3759 of 2024(2) dt.31-01-2024 2/3 including the petitioner. From the possession of the petitioner one knife was recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused persons or seized articles. There is no recovery of any narcotic substance from the possession of the petitioner. The petitioner is languishing in custody since 06.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.3759 of 2024(2) dt.31-01-2024 3/3 each to the satisfaction of learned 14th Additional Sessions Judge-cum-Special Judge, East Champaran at Motihari in connection with N.D.P.S Case No. 63 of 2023, arising out of Chiraiya P.S. Case No. 373 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T