Subham Kumar @ Chhotu Singh @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17179 of 2024 Arising Out of PS. Case No.-404 Year-2023 Thana- JAMUI District- Jamui ====================================================== Subham Kumar @ Chhotu Singh @ Chhotu Kumar S/o Sanjay Singh R/o vill - Dhanbey, P.S. - Sikandra, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 27 and 30 of the Arms Act and Section 414 of the Indian Penal Code.

3. As per FIR, one motorcycle was coming and on seeing the police, two persons tried to flee but one was caught with motorcycle without registration number along with one mobile phone on query he told his name as Manish Kumar(coaccused). He disclosed the name of the petitioner who alleged to be fled from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.17179 of 2024(2) dt.14-03-2024 2/2 in FIR rather his name came into light in this case on the basis of statement of the apprehended co-accused. Nothing incriminating article has been recovered from the conscious possession of the petitioner rather the said motorcycle has been recovered from co-accused. Petitioner has also not been put on TI parade. Moreover, he is languishing in judicial custody since 19.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jamui P.S. Case No. 404 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui.

(Sunil Kumar Panwar, J) Shubham/- U T