Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5703 of 2023 Arising Out of PS. Case No.-367 Year-2022 Thana- BARH District- Patna ====================================================== BABLU KUMAR Son of Late Bhola Chaudhary Resident of Village- Shanti Tola Bedhana, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Vardhan For the Opposite Party/s :

Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414, 412 of the I.P.C. and Sections 25(1-b)a/26/35 of Arms Act. Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, one mobile phone was recovered from possession of this petitioner and incriminating weapons were recovered from other co-accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.5703 of 2023(2) dt.03-05-2023 2/2 concern with the alleged arms which was seized by the police or with the co-accused persons. Moreover, similarly situated coaccused namely, Prabhu Yadav has already been granted bail by this Court vide order 21.3.2023 passed in Cr. Misc. No. 73884 of 2022. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 14.6.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 367 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Barh.

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