Patna High CourtCR. MISC./33586/2024bail granted

Arjun Kumar v. The State Of Bihar

2024-05-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33586 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Arjun Kumar, aged about 22 years/M, son of Late Ramchandra Sahni, R/OVillage Kankati, At present Mahamada, P.S. Mehsi, Distt- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate For the Opposite Party :

Mr. Rajendra Nath Jha,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Madhuban P.S. Case No. 84 of 2024 dated 01.03.2024 registered for the offences punishable under Sections 411, 413, 414, 420, 467, 468, 471, 120B/34 of the I.P.C. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, on the disclosure made by the co-accused Md. Shabab and Md. Mahmud, one mobile is said to have been recovered from possession of the petitioner

Patna High Court CR. MISC. No.33586 of 2024(2) dt.09-05-2024 2/3 and the petitioner was staying at his in-laws's (sasural) house. It is further alleged that one loaded country made pistol and two live cartridges alongwith one motorcycle and one Scorpio vehicle without having any number plate and additional number plates of three vehicles, sale letter of two vehicles and blank documents were recovered from the in-laws house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged arms. No incriminating article has been recovered from the conscious possession of the petitioner rather the arms were recovered from the in-laws house (sasural) of the petitioner. The name of the petitioner has sprung up in the present case on the basis of the confessional statement of the co-accused Md. Shabab and Md. Mahmud. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 02.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above

Patna High Court CR. MISC. No.33586 of 2024(2) dt.09-05-2024 3/3 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, East Champaran, Motihari in connection with Madhuban P.S. Case No. 84 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T