Patna High CourtCR. MISC./39222/2024bail granted

Arvind Kumar v. The State Of Bihar

2024-07-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39222 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Arvind Kumar, aged about 22 years, Gender-Male, Son of Late Jiyalal Sahani, R/O Vill.- Saitha Barjhi, P.S.- Motipur, Dist.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Binay Kumar, Advocate For the Opposite Party :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Gadahiya (Madhuban) P.S. Case No. 84 of 2024 dated 01.03.2024 registered for the offence 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 prosecution case, on the disclosure made by the co-accused, Md. Shabab and Mr. Mahmud, one Royal Enfield Motorcycle without number plate, one Splender Motorcycle without number plate, three written number plates and keys of three motorcycles are said to have been recovered from the in-law's (sasural) house of the petitioner.

Patna High Court CR. MISC. No.39222 of 2024(2) dt.04-07-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner was not arrested on the spot. No incriminating article has been recovered from possession of the petitioner rather the alleged recovery has been made from his in-laws house and unfortunately on the alleged date and time of occurrence, he was present in his sasural. The name of the petitioner has sprung up in the present case on the basis of the co-accused Md. Shabab and Md. Mahmud. It is further submitted that other co-accused Arjun Kumar has been granted bail by a Bench of this Court vide Cr. Misc. No. 33586 of 2024 under order dated 20.04.2024. The petitioner has one criminal antecedent, as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 02.03.2024.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, 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 the learned J.M. Ist Class, East Champaran at

Patna High Court CR. MISC. No.39222 of 2024(2) dt.04-07-2024 3/3 Motihari in connection with Gadahiya (Madhuban) P.S. Case No. 84 of 2024.

7. The application stands allowed.

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