Mrityunjay Kumar @ Mritunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6301 of 2023 Arising Out of PS. Case No.-479 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== MRITYUNJAY KUMAR @ MRITUNJAY KUMAR S/O KRISHNA NANDAN PRASAD Resident of Village- Saidi, P.S.- Katrisarai, DistrictNalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 414 and 120(B) 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 secret information, from the place of occurrence, four persons including the petitioner with three motorcycles were apprehended. On search, one loaded pistol, three live cartridges, one motorcycle, ATM Cards, driving license and an amount of Rs. 500/- were recovered from possession of the petitioner.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.6301 of 2023(3) dt.05-07-2023 2/2 that petitioner has been falsely implicated in this case. There is no proper compliance of Section 100 Cr.P.C. as no independent witness has signed on the seizure list. Petitioner has been remanded in three more cases after his arrest in the present case. Petitioner is languishing in judicial custody since 31.7.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMX Gaya in connection with Fatehpur PS Case No. 479 of 2022. (Sunil Kumar Panwar, J) sushma/- U