Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4624 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== Amarjeet Kumar Son Of Shakti Yadav R/V- Sawrnpuri Itwari, P.S.- Beldaur, District- Khagaria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a/26/35 of Arms Act.

Prosecution case relates to recovery of one country made carbine and two magazines from a motorcycle bearing registration number BR-34R-2143, which was being driven by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.4624 of 2023(2) dt.06-04-2023 2/3 falsely been implicated in the present case. There is no any independent witness of the alleged seizure. The petitioner has no concern with the alleged recovered incriminating articles. Moreover, the petitioner is languishing in judicial custody since 28.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused person has been granted bail vide order dated 03.04.2023, passed in Cr. Misc. No. 2044 of 2023 passed by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Matihani P.S. Case No. 122 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.4624 of 2023(2) dt.06-04-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai.

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