Prabhat Kumar Singh @ Prabhat Kumar @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19684 of 2019 Arising Out of PS. Case No.-155 Year-2017 Thana- KATRA District- Muzaffarpur ====================================================== PRABHAT KUMAR SINGH @ PRABHAT KUMAR @ ASHUTOSH KUMAR Son of Pramod Singh @ Pramod Kumar Singh Resident of Village - Bankat, P.S.- Kesariya, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-04-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Katra P.S. Case No. 155 of 2017 for the offenses under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b), 26, 27 and 35 of the Arms Act.

The allegation against the petitioner is that he and one Abhishek Kumar fled away at the time of search and RajVardhan Kumar,Manish Kumar Choudhary and Rikesh Kumar were arrested and from their possession pistol and cartridges were recovered.

Learned counsel for the petitioner submits that the petitioner is in jail since 2.1.2019. Co-accused Manish Kumar

Patna High Court CR. MISC. No.19684 of 2019(2) dt.01-04-2019 2/2 Chaudhary and Rikesh Kumar have been granted bail by a Coordinate Bench of this Court vide order dated 18.8.2018 passed in Cr. Misc. No. 56257 of 2018. Referring to the antecedent of two cases, counsel submits that in both the cases the petitioner is on bail.

Considering the fact that the petitioner was not arrested at spot and nothing was recovered from the possession of the petitioner and the persons from whose possession articles were recovered, have been granted bail, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Muzaffarpur in connection with Katra P.S. Case No. 155 of 2017.

(Anil Kumar Upadhyay, J) spandey/- U T