Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21704 of 2020 Arising Out of PS. Case No.-262 Year-2019 Thana- DULHIN BAZAR District- Patna ====================================================== Amit Kumar (M) aged about 20 years Son of Upendra Prasad Resident of Village-Raksia, P.S.-Dulhin Bazar, District-Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-08-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Dulhin Bazar P.S. Case No. 262 of 2019 for offences under 353, 307, 427, 279 and 34 of the Indian Penal Code, Sections 25(1-B), 26, 27 and 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and in this case a Maruti car was apprehended by the police in which country made pistol and 4.5 litres of country made liquor was seized. Learned counsel further submits that the petitioner is neither driver nor owner of Maruti car which was seized in this case and his name surfaced on the confessional statement of co-accused Ravi

Patna High Court CR. MISC. No.21704 of 2020(2) dt.20-08-2020 2/2 Kumar.

Considering the fact that the petitioner has no criminal antecedent and he is neither driver nor owner of Maruti car, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, abovenamed, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna in connection with Dulhin Bazar P.S. Case No. 262 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U T