Himanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24287 of 2022 Arising Out of PS. Case No.-930 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.
GUDDU ALAM Son of Alias Alam @ Ali Miya Resident of Village - Harakhu Ward no.23, P.S. and Distt.- Gopalganj. 2.
VISHAL KUMAR Son of Dharmendra Yadav Resident of Village - Bangara Naukiganj, P.s.- Barharia, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25603 of 2022 Arising Out of PS. Case No.-930 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== HIMANSHU KUMAR S/o Brajesh Kumar Srivastava @ Brajesh Kumar Resident of Village- Jaisinghpur Tola Madhupur, P.S.- Turkauliya, DistrictEast Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33614 of 2022 Arising Out of PS. Case No.-930 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== AMAN KUMAR PATEL @ AMAN KUMAR S/o Manoj Ravat Resident of Village- Harkhua, Ward No.-23, P.S.- Gopalganj, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 24287 of 2022) For the Petitioner/s :
Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP (In CRIMINAL MISCELLANEOUS No. 25603 of 2022)
Patna High Court CR. MISC. No.24287 of 2022(3) dt.12-01-2023 2/3 For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP (In CRIMINAL MISCELLANEOUS No. 33614 of 2022) For the Petitioner/s :
Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.
The four petitioners in the three applications have prayed for grant of regular bail in a case registered under sections 414, 413 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
As per the prosecution case, on the vehicle in question being stopped, the accused persons were searched. It is stated that from possession of Himanshu Kumar a country-made pistol and two live cartridges were recovered. From possession of Aman Kumar Patel a mobile phone and cash was recovered. From possession of Guddu Alam five live cartridges and from possession of Vishal Kumar a country-made pistol was recovered.
It is submitted by learned counsel for the petitioners that the petitioners are in custody since 6.12.2021 and chargesheet has been submitted in the case. No incriminating article has been recovered from their possession and they have been falsely implicated in the case.
Heard learned APP for the State.
Patna High Court CR. MISC. No.24287 of 2022(3) dt.12-01-2023 3/3 Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR together with the petitioners having remained in custody since 6.12.2021, the four petitioners are directed to be enlarged on bail in connection with Turkauliya P.S. Case no. 930 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari.
(Partha Sarthy, J) Spd/- U T