Bittu Ram @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7172 of 2023 Arising Out of PS. Case No.-266 Year-2022 Thana- DHAKA District- East Champaran ====================================================== BITTU RAM @ BITTU KUMAR Son of Babulal Ram R/v- Bisrahiya, Naya Tola, Dhaka, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act. As per prosecution case, when the informant and his cousin brother were returning with his motorcycle after attending the marriage ceremony, the accused persons stopped the motorcycle caught informant and his brother and snatched mobile, sim card, ATM and other materials. In the meantime, the informant's villagers came and caught one person. It is further submitted that, on search one country-made pistol with cartridge has recovered from the petitioner, on road two motorcycles, thereafter people handed over to the police.

Patna High Court CR. MISC. No.7172 of 2023(3) dt.15-05-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern either with the alleged arms and cartridges or with the motorcycles. No incriminating/looted article has recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 11.05.2022.

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 as well as the period of custody, 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 Additional Sessions Judge, XI, East Champaran, Motihari in connection with Dhaka P.S. Case No. 266 of 2022.

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