Patna High CourtCR. MISC./19213/2023allowed

Anand Kumar v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19213 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== ANAND KUMAR Son of Vijay Mahto Resident of Mohalla - Court Bazar Ward No.- 9, P.S. and Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399 and 402 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

Prosecution case relates to gathering of antisocial elements for hatching a conspiracy. Acting on a tip off, police party proceeded towards the place of occurrence and apprehended two accused persons out of which one managed to escape and on search, one knife was recovered from possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case.

Patna High Court CR. MISC. No.19213 of 2023(2) dt.19-05-2023 2/2 Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 13.01.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Sitamarhi P.S. Case No. 35 of 2023.

(Sunil Kumar Panwar, J) sushma/- U