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Patna High CourtCR. MISC./18947/2025bail granted

Mayank Kumar @ Angu v. The State Of Bihar

2025-04-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18947 of 2025 Arising Out of PS. Case No.-367 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mayank Kumar @ Angu S/O Umesh Rai Resident of Village- Dighi Kala West Hajipur, P.S- Sadar Hajipur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 367 of 2024, instituted for the offences punishable under Sections 399, 402 and 412 of the Indian Penal Code read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, on secret information regarding assembly of anti-social elements, police conducted raid and apprehended four accused persons, while petitioner is said to have fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.18947 of 2025(2) dt.07-04-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused persons, namely, Avinash Kumar, Vikash Kumar, Sunil Kumar and Karan Kumar and the same has got no evidentiary value. It is next submitted that neither any recovery has been made from the possession of the petitioner nor any T.I. parade has been conducted in this case. The petitioner is in custody since 09.09.2024 and has got six criminal antecedents. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail this Court vide order dated 21.03.2025 passed in Cr. Misc. No. 16269 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.18947 of 2025(2) dt.07-04-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Sadar P.S. Case No. 367 of 2024. (Rudra Prakash Mishra, J) Rajorshi/- U T