Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27526 of 2019 Arising Out of PS. Case No.-613 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Pawan Kumar son of Shiv Balak Thakur, Resident of Village- Bhajkharachak, Police Station- Masaurhi, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Advocate For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 18.08.2018 has filed the instant application for grant of bail in connection with Phulwarisarif P.S. Case as No. 613 of 2018 registered for the offence punishable under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-b)a, 26, 35 of the Arms Act.

As per the FIR, It is alleged that on secret information a raid was conducted and a number of accused persons including this petitioner were arrested. Various incriminating articles were recovered from the possession of different accused persons. It is submitted by learned counsel for the petitioner that even as per the FIR, no incriminating article has been recovered from his possession. He is in custody since 18.08.2018 and that

Patna High Court CR. MISC. No.27526 of 2019(4) dt.14-08-2019 2/2 different co-accused persons have been granted bail by order dated 11.02.2019 in Cr. Misc. No. 12182 of 2019, the order dated 11.12.2018 in Cr. Misc. No. 72782 of 2018 and in other cases.

The application for bail was 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 especially the fact that the similarly situated co-accused persons have been enlarged on bail, the Court is inclined to enlarge the petitioner on bail. Let the petitioner be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XV, Patna in connection with Phulwarisarif P.S. Case No. 613 of 2018. (Partha Sarthy, J) Prakash/- U