Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15439 of 2022 Arising Out of PS. Case No.-140 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== Amarjeet Kumar, S/o Umesh Paswan R/o village- Lakshminiya, P.S.- Baruraj, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-08-2022 Heard Mr. Arun Kumar, learned counsel for the petitioner and Mr. Mohammad Sufyan, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Baruraj P.S. Case No. 140 of 2021, registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act, pending in the Court of learned Judicial Magistrate, 1st Class, West Muzaffarpur.

Prosecution case in brief is that on receiving secret information, Police raided the spot from where petitioner was apprehended along with other accused persons. Accordingly, seizure-list was prepared. As per the seizure-list,

Patna High Court CR. MISC. No.15439 of 2022(2) dt.26-08-2022 2/3 one loaded country made pistol along with a stolen motorcycle were recovered from the possession of the petitioner. The petitioner has stated in paragraph No. 3 that four criminal cases are pending against him, but no specific statement has been made as to whether in all those cases he has been released on bail or not. However, in Baruraj P.S. Case No. 135 of 2021 he is on bail while in all the three cases he has no information as to whether petitioner is on bail or not. Learned counsel for the petitioner submitted that petitioner is innocent and he is aged about 20 years and he has falsely been implicated in this case due to enmity, while nothing was recovered from his conscious possession. The petitioner is in custody since 24.07.2021.

Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner and submitted that several cases are pending against the petitioner. The petitioner is of young age, therefore, it would not be in the interest of the society to release the petitioner on bail.

Having considered the rival submission of the parties, taking into consideration the nature of allegation made against the petitioner, who is aged about 20 years and he has falls in bad company leading to his involvement in several cases, this Court

Patna High Court CR. MISC. No.15439 of 2022(2) dt.26-08-2022 3/3 is not inclined to enlarge the petitioner on bail. Accordingly, the prayer for grant of regular bail is rejected. (Purnendu Singh, J) manish/- U T