Jitendra Kumar @ Jittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6500 of 2023 Arising Out of PS. Case No.-285 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== JITENDRA KUMAR @ JITTU KUMAR S/O RAM SWROOP SAH R/vAbjuganj, P.S.- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 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 25(1-b)a, 26, 35 of Arms Act and Section 30(a) of the Bihar Prohibition & Excise Act.

As per FIR, prosecution case relates to recovery of some incriminating weapons along cash and motorcycle from house of co-accused Ram Swarup Sah and the said articles are said to be stolen property which were kept by the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of the police officials. The petitioner has no concern with the

Patna High Court CR. MISC. No.6500 of 2023(3) dt.11-05-2023 2/2 alleged arms as well as other articles which were seized by the police. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The name of the petitioner has been disclosed by coaccused Ram Swaroop Sah who is already been granted bail by a co-ordinate Bench of this Court vide order dated 11.11.2022 passed in Cr. Misc. no. 39560 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 30.7.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sultanganj P.S. Case No. 285 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. XIIth, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T