Hemant Kumar@ Hurdangi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24764 of 2024 Arising Out of PS. Case No.-144 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== HEMANT KUMAR@ HURDANGI, MALE, AGED ABOUT 21 YEARS, SON OF NAGENDRA RAY RESIDENT OF VILLAGE- MAJAULI PSBIDUPUR DIST- VAISHALI P/A- MARUAHAN, PS- SAKRA, DISTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bidupur P.S. Case No.144 of 2023 registered for the offence under Sections 399, 402, 413, 414, 467, 468, 471 and 120(B) of the Indian Penal Code and Sections 25(1-b) a, 26 and 35 of the Arms Act 3.

As per FIR, there is recovery of country made pistol, live cartridges, cash, pan card, etc. from the possession of this petitioner along with other co-accused persons.

4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.24764 of 2024(2) dt.19-04-2024 2/3 petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that no overt act has been attributed against this petitioner and no incriminating material has been recovered from his possession. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.77758 of 2023 on 14.03.2024. It is further submitted that petitioner is in custody since 08.03.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Bidupur P.S. Case No.144 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Vaishali at Hajipur.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet

Patna High Court CR. MISC. No.24764 of 2024(2) dt.19-04-2024 3/3 has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T