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Patna High CourtCR. MISC./42720/2021allowed

Appu Kumar v. The State Of Bihar

2021-10-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42720 of 2021 Arising Out of PS. Case No.-354 Year-2018 Thana- DESARI District- Vaishali ====================================================== Appu Kumar S/O Sri Raj Kumar Singh Resident of Vill. - Panapur bateshwar Asthan, P.S. - Jandaha, District - Vaishali, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Mishra, Adv For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414, 34 of the Indian Penal Code and Sections 25(1b)a, 26, 35 of the Arms Act and Section 30 (a) of the Bihar Prohibition and Excise Act. On secret information, police arrested the petitioner and others who assembled to commit crime.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner has been made accused in this

Patna High Court CR. MISC. No.42720 of 2021(2) dt.29-10-2021 2/2 case on the confessional statement of apprehended person. He submits that nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 18.04.2021.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Desri P.S. Case No. 354 of 2018. (Anjani Kumar Sharan, J) devendra/- U T