Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33517 of 2021 Arising Out of PS. Case No.-269 Year-2019 Thana- BELA District- Sitamarhi ====================================================== PREM KUMAR Son of Sharvan Rai Resident of Village - Bangraha, P.S.- Bajpatti, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Rai, Advocate For the Opposite Party/s :

Ms. Meena Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard Mr. Raja Ram Rai, learned counsel for the petitioner and Ms. Meena Singh, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Bela P.S. Case No. 269 of 2019 registered for the offences punishable under Sections 399, 402, 411 of the Indian Penal Code 1860, Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation as per the First Information Report is that the Police on the basis of secret information arrived at the place of occurrence and upon seeing the Police party the accused persons started fleeing away. However, the Police arrested three persons and from their possession one Mobile phone, Motorcycle and the firearms with live cartridges were recovered and the name of the petitioner has been disclosed by

Patna High Court CR. MISC. No.33517 of 2021(2) dt.20-12-2021 2/3 the arrested co-accused persons.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely on the basis of disclosure of his name by the arrested co-accused persons. Learned counsel further submits that no incriminating material and/or firearm has been recovered from the possession of the petitioner and the arrested co-accused persons from whose possession firearm and other articles were recovered, have been granted bail by this Court as well as co-ordinate Bench of this Court in Cr. Misc. 23602 of 2020 and 24566 of 2020 respectively. He next submits that the petitioner is in custody since 12.11.2020 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that similarly situated co-accused persons have been granted bail, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Pupri, Sitamarhi, in connection with Bela P.S. Case No. 269 of

Patna High Court CR. MISC. No.33517 of 2021(2) dt.20-12-2021 3/3 2019 subject to the condition that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T