Anshu Kumar @ Aashu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12091 of 2024 Arising Out of PS. Case No.-239 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Anshu Kumar @ Aashu Kumar, age 22 years, Male Son of Mudrika Rai, Resident of Village- Chandpura, P.S.- Veldi, District- Saran (Chhapara). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Samastipur PS Case No. 239 of 2023 instituted for the offences punishable under Sections 25(1-B)a, 26 and 35 Arms Act.

3. As per the prosecution case, one country made pistol and one live cartridges have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Learned counsel for the petitioner further submits that nothing incriminating articles have been recovered from the possession of the petitioner. Petitioner is in custody since 14.09.2023.

5. Learned APP opposes the prayer for bail.

Patna High Court CR. MISC. No.12091 of 2024(2) dt.05-03-2024 2/2

6. From perusal of the FIR, seizure list and the impugned order of the learned Sessions Judge, Samastipur dated 03.01.2024, it appears that the petitioner was apprehended by the police and police has implicated this petitioner with false story, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Town) PS Case No. 239 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge, otherwise the bail bond of the petitioner shall be cancelled by the trial Court. (Ramesh Chand Malviya, J) Anand Kr.

U T