Arjun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17190 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Arjun Kumar, age about 24 years, Male Son of Shyam Babu Ram, Resident of Village- Narayanpur Buzurg, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Mahua PS Case No. 390 of 2023 instituted for the offences punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the prosecution case, three miscreants came on a motorcycle chased the informant and snatched jhola containing Rs. 7,00,000/- from the hands of the Munshi and fled away.
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 on the basis of dirty village
Patna High Court CR. MISC. No.17190 of 2024(2) dt.20-03-2024 2/3 politics. No incriminating articles have been recovered from the conscious possession of the petitioner. Petitioner is doing private job in a company at Tirpur, Chennai in Tamilnadu and when he came to his house in the marriage of his nephew, he has been implicated in this case. Petitioner is in custody since 23.09.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and the impugned order of the learned Additional District and Sessions Judge-II, Vaishali at Hajipur dated 05.01.2024, it appears that petitioner has been made accused only on the basis of suspicion. The name of the petitioner surfaced on the basis of confessional statement of coaccused Sanni Kumar. Petitioner is in custody in another case and remanded in this case. No Test Identification Parade has been conducted till date. Investigation has already been completed and chargeshee has been submitted under Section 395 of the Indian Penal Code, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after commitment of the case 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, Vaishali at Hajipur in connection with Mahua PS
Patna High Court CR. MISC. No.17190 of 2024(2) dt.20-03-2024 3/3 Case No. 390 of 2023.
7. The trial Court is directed to conclude the proceeding of commitment within a period of one month. (Ramesh Chand Malviya, J) Anand Kr.
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