Patna High CourtCR. MISC./17807/2024bail granted

Amresh Kumar Yadav v. The State Of Bihar

2024-03-14Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17807 of 2024 Arising Out of PS. Case No.-356 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Amresh Kumar Yadav, Son Of Ram Kumar Yadav Resident of Village -Kasimpur @ Kashimpur, Ward No.-11, P.S.-Kusheshwar Asthan, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Jha, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kusheshwar Asthan P.S. Case No. 356 of 2023, lodged on 31.10.2023 under Sections 399, 402 of the Indian Penal Code read with sections 25(1-b)a/26/35 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against eight named accused persons including the present petitioner who were arrested by the police upon the secret information.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that it is true that the petitioner has been

Patna High Court CR. MISC. No.17807 of 2024(2) dt.14-03-2024 2/2 apprehended, but nothing incriminating has been recovered from his possession, rather, one co-accused namely Md. Dilshad has been arrested with arms (one desi katta and one live cartridge). Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 31.10.2023. Counsel also submits that the charge-sheet has already been filed in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 356 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T