Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35541 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- KOTWALI District- Patna ====================================================== AMIT KUMAR Son of Samsher Ray Resident of Village - Bhawanpura, P.S.- Phulwarisharif, Distt.- Patna.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Narayan Mahto, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Kotwali PS Case No. 221 of 2020 dated 09.05.2020, instituted under Sections 399, 400, 402 and 414 of the Indian Penal Code and Sections 25(1B)a, 26 and 35 of the Arms Act.

The allegation against the petitioner is that he along with others was caught by the police while preparing to commit crime and from him there is recovery of a loaded country-made pistol and a live cartridge.

Earlier prayer for bail of the petitioner was refused by a bench of this Court vide Annexure 1. Learned counsel for the petitioner submits that till date charges have not been framed and petitioner is in custody since 11.5.2020. Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.35541 of 2021(3) dt.28-10-2021 2/2 prayer for bail.

Considering the aforesaid facts and circumstances of the case and the period of custody, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Kotwali Police Station Case No. 221 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T