Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16106 of 2019 Arising Out of PS. Case No.-319 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Arun Kumar, Son of Surendra Ray Resident of Village - Raja Pakar, P.S.- Raja Pakar, Distt - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner seeks regular bail in connection with Mahua P.S. Case No.319 of 2018 for the offences punishable under Sections 414 of the Indian Penal Code and 25 (1-B)a, 26, 35 of Arms Act.

The allegation in the present case is regarding dacoity having been committed in Bank of India and when the police reached at the place of occurrence, a mob had detained some miscreants including the petitioner herein whereupon the petitioner and one another co-accused persons were taken into custody and upon search, a loaded automatic pistol and cash amounting to Rs.1600/- as well as mobiles were recovered from the petitioner while from the possession of the co-accused persons, namely, Munil Kumar, a mobile and two live cartridges were recovered and from

Patna High Court CR. MISC. No.16106 of 2019(2) dt.27-03-2019 2/2 the possession of co-accused, namely, Arun Kumar, motorcycles were recovered for which no papers could be produced by the accused persons including the petitioner herein. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He has been made an accused in one other case which arises out of same incidence out of which the present FIR arises and the petitioner is languishing in custody since 06.10.2018. Lastly it is submitted that the petitioner is ready to furnish adequate security for his release. Having regard to the facts and circumstances of this case, I direct that the petitioner be released on regular bail upon furnishing cash security of sum of Rs.25,000/- with Nazarat of the concerned Court as well as subject to such other conditions as may be imposed by the learned Court below in connection with Mahua P.S. Case No.319 of 2018.

It is needless to stats that the aforesaid deposit of Rs.25,000/- shall be subject to the final outcome of the trial. The present bail petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) sanjeev/- U T