Patna High CourtCR. MISC./5217/2024allowed

Ayush Kumar v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5217 of 2024 Arising Out of PS. Case No.-253 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ayush Kumar Son of Chandradev Singh R/o vill - Bishanpur, ward no 3, P.S. - Bibhutipur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

There is recovery of one cartridge, mobile and cash of Rs. 2000/- from the possession of the petitioner. 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

Patna High Court CR. MISC. No.5217 of 2024(2) dt.07-02-2024 2/2 petitioner has no concern either with the seized motorcycle or the arms. The petitioner is languishing in custody since 15.07.2023. 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 each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Bibhutipur P.S. Case No. 253 of 2023.

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