Ashutosh Kumar @ Karu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41810 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Ashutosh Kumar @ Karu S/O Arun Singh R/O Village Meghpur Singhara, P.S. Mahua, Dist. Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act and Section 30(a) of Bihar Prohibition and Excise Act. As per prosecution case, the petitioner was apprehended on the spot and from whose possession one country made pistol and two live cartridges were recovered and from possession of co-accused persons several arms and liquor was also recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.41810 of 2023(3) dt.19-09-2023 2/2 falsely been implicated in this case due to high handedness of the police. The petitioner has no concern with the alleged recovery and the seizure list has not been prepared as per provision of law. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 10.02.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mahua P.S. Case No. 68 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T