Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17594 of 2021 Arising Out of PS. Case No.-384 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Shekhar Kumar Son Of Ramnath Sahni Resident Of Village Barabharti, P.S.- Minapur (PANNAPUR O.P.), District- Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Adv.

Mr. Dilip Kumar Roy, Adv.

Mr. Apurva Kumar, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Petitioner seeks bail in a case registered for the offence punishable under Sections 414, 420, 467, 468, 471/34 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms. Act and Sections 20, 22, 08 of the NDPS Act.

On secret information, police reached the place of occurrence and arrested three persons namely Vishal Kumar, Dipak Kumar and Harilal Sahani. On search, from the possession of Dipak Kumar, one loaded pistol, a hero Honda

Patna High Court CR. MISC. No.17594 of 2021(2) dt.18-03-2021 2/2 motorcycle 10 purias of smack and Oppo Mobile were recovered. From the possession of Vishal Kumar, one loaded country made pistol, mobile, ATM were recovered while from the possession of accused Harilal Sahani, ATM cards were recovered. The apprehended persons disclosed the name of the petitioner who ran away from the place of occurrence. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no contraband article has been recovered from the possession of the petitioner. He submits that the seized five motorcycles belong to the petitioner's family. He further submits that petitioner bears no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 01.10.2020.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Minapur P.S. Case No. 384 of 2020.

devendra/- (Anjani Kumar Sharan, J) U T