Pushpak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29932 of 2020 Arising Out of PS. Case No.-237 Year-2020 Thana- GARKHA District- Saran ====================================================== Pushpak Kumar S/o Devranjan Singh Resident of Village-Sanwari, P.S.- Jalalpur, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Kishore Sharma, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in connection with Garkha P.S. Case No.237 of 2020 registered under sections 399, 402, 413, 414, 420, 468 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, it is stated by the informant that on information having been received of accused persons having gathered and were making preparations for giving effect to an occurrence, a raid was conducted and 11 accused persons including the petitioner herein was arrested. It is stated that from the accused persons 8 motorcycles and two pistol with cartridges were recovered.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and

Patna High Court CR. MISC. No.29932 of 2020(3) dt.05-01-2021 2/2 concocted. No recovery of any incriminating article has taken place from the possession of the petitioner. As per the F.I.R. the recovery from the petitioner is of a Hero Honda Splendor Motorcycle and a mobile phone. The petitioner is in custody since 5.6.2020 and had no criminal antecedent. It is submitted that however, subsequently he has been remanded in one other case lodged under section 392 of the Indian Penal Code. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the articles recovered from the possession of the petitioner together with the petitioner being in custody since 5.6.2020, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Garkha P.S. Case No.237 of 2020 on his 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, Saran at Chapra.

(Partha Sarthy, J) Bibhash/- U