Anuj Kumar @ Rupesh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18401 of 2021 Arising Out of PS. Case No.-126 Year-2020 Thana- DHARHARA District- Munger ====================================================== Anuj Kumar @ Rupesh Son Of Ledho Mahto @ Ledho Singh Vill Shivkund Ps Dharhara Dist Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jyoti Ranjan Jha, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in a case registered for the offence punishable under Sections 399/403 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case only on the basis of suspicion. He submits that only one loaded country made pistol and one live cartridge are said to have been recovered from the possession of the petitioner. He further submits that petitioner bears two criminal antecedent as
Patna High Court CR. MISC. No.18401 of 2021(2) dt.26-08-2021 2/2 stated in para-3 of the bail application and he is languishing in judicial custody since 02.08.2020.
However, learned APP for the State opposes the prayer for bail and submits that witnesses have supported the recovery of country made pistol and cartridge from the possession of the petitioner.
Considering the facts and circumstances of the case and the period of custody, 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/successor court in connection with Dharhara P.S. Case No. 126 of 2020.
(Anjani Kumar Sharan, J) devendra/- U T