Amresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18088 of 2023 Arising Out of PS. Case No.-240 Year-2022 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== AMRESH KUMAR S/o Shatrudhan Sah R/o Village- Mustafapur, P.S.- Ahiyapur, Distt- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Siwaipatti P.S. Case no. 240 of 2022 registered under sections 398, 401, 411 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, on secret information having been received about three accused persons moving around suspiciously on motorcycle, raid was conducted. Two of the accused including the petitioner herein were caught and it is further stated that on search a loaded country made pistol was recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No
Patna High Court CR. MISC. No.18088 of 2023(2) dt.16-05-2023 2/2 incriminating article has been recovered from his possession. He is in custody since 13.12.2022, has no criminal antecedent and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegations, the petitioner not having any criminal antecedent, his having remained in custody for 5 months since 13.12.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Siwaipatti P.S. Case no. 240 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, East, Muzaffarpur. (Partha Sarthy, J) Bibhash U T