Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40307 of 2021 Arising Out of PS. Case No.-141 Year-2020 Thana- TARAPUR District- Munger ====================================================== AMAN KUMAR Son of Rajendra Choudhary Resident of Village- Sutur Khana, Police Station- Muffasil, District- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Choudhary, Sr. Adv.
For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Tarapur PS case no. 141 of 2020 instituted for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1-b), 26(1) (11)/35 of Arms Act.
The allegation is regarding recovery of 05 countrymade pistols from the possession of the petitioner after he was apprehended by the police. It is also alleged that one other co-accused person had managed to flee away from the
Patna High Court CR. MISC. No.40307 of 2021(2) dt.04-01-2022 2/3 spot.
The learned Senior counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned Senior counsel for the petitioner has further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. The petitioner is stated to be languishing in custody since 30.09.2020. It is further submitted that the petitioner is studying in B.A. Part II and he was not arrested from the spot, nonetheless, arms had been planted in his family house in order to falsely implicate him.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned Senior counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is languishing in custody since about one and a half years, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.40307 of 2021(2) dt.04-01-2022 3/3 amount each to the satisfaction of learned court of C.J.M. Mungr in connection with Tarapur PS case no. 141 of 2020. (Mohit Kumar Shah, J) rinkee/- U T