Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21045 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- KHIRI MORE District- Patna ====================================================== AMIT KUMAR Son of Sanjay Kumar Resident of Village-Anandwag, P.S.- Karpi, District-Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Ram Bilash Roy Raman, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Sessions Trail No. 47 of 2020 arising out of Khiri More P.S. Case No. 85 of 2019 for the offence punishable under Sections 120B, 307, 379, 411 and 115 of the Indian Penal Code and Sections 25(10b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of one loaded country made pistol and three live cartridges from the petitioner herein.

Patna High Court CR. MISC. No.21045 of 2020(2) dt.26-06-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 19.10.2019. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Danapur, District-Patna in connection with Sessions Trial No. 47 of 2020 arising out of Khiri More P.S. Case No. 85 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T