Abhiranjan Kumar @ Golu @ Aviramian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9761 of 2019 Arising Out of PS. Case No.-430 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== Abhiranjan Kumar @ Golu @ Aviramian, Son of Mithilesh Sharma, Resident of Village - Kundila, P.S. Shakurabad, District Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar (App16) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2019 Heard leaned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 30.10.2018 in a case registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and under Sections 25(1-B)a, 26 and 35 of the Arms Act. The prosecution case as per the self statement of Dhananjay Kumar, S.I.-cum-S.H.O. of Okari O.P. (Ghosi P.S.) is to the effect that on 30.10.2018 at about 05.00 P.M., during patrolling, the informant received a secret information that six accused persons are committing robbery. Thereafter, a raid was

Patna High Court Cr.Misc. No.9761 of 2019(2) dt.19-02-2019 2/3 laid and four accused persons including the petitioner, were apprehended when two persons managed to escape from the scene. It is further alleged that from the possession of the petitioner, three live cartridges and Rs. 4,900/- cash were recovered and from the possession of other co-accused persons, country made pistol, live cartridges, mobile phones and motorcycle were recovered.

It is submitted by learned counsel for the petitioner that only three live cartridges were recovered from the possession of the petitioner and Rs. 4,900/- which was recovered from the possession of the petitioner belonging to the petitioner. Moreover, the investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the fact that the investigation has already been concluded and the period under custody, coupled with the statement being made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.9761 of 2019(2) dt.19-02-2019 3/3 each to the satisfaction of learned A.C.J.M., Jehanabad in connection with Ghoshi P.S. Case No. 430 of 2018. (Dinesh Kumar Singh, J) Deepak/- U T