Aman Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15394 of 2023 Arising Out of PS. Case No.-210 Year-2022 Thana- PRANPUR District- Katihar ====================================================== Aman Kumar Sah S/O Binod Sah @ Binod Pd. Sah R/O Maniya, P.SMuffasil, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Pranpur P.S. Case No. 210 of 2022 registered under sections 332, 333, 353, 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of Arms Act. Allegation against the petitioner along with other coaccused persons is that while they were assembled and preparing for committing dacoity, the police party raided the place of occurrence on secret information, and arrested some of them including this petitioner. On search, there is recovery of one loaded country made pistol along with 12 live cartridges, two mobile phones and motorcycle from the possession of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15394 of 2023(3) dt.13-04-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that the seizure list witnesses are police official not a single independent witness, which violates the provision of Cr.P.C. The petitioner has no concern either with the seized article or with the alleged offence. It is also submitted that no independent witness had seen the occurrence or the recovered arms and ammunition. Moreover, the petitioner is languishing in judicial custody since 06.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pranpur P.S. Case No. 210 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 Chief Judicial Magistrate, Katihar. (Sunil Kumar Panwar, J) shubham/- U T