Aniket Kumar @Aniker Kumar @Sonu @Sonu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39156 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== Aniket Kumar @Aniker Kumar @Sonu @Sonu Rai S/O Chandeshwar Ray R/O village mankauli, P.S. Kudhani,Distt-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Kudhani P.S. Case No.100 of 2024, lodged on 24.03.2024 under Sections 25(1-b)a/26/35 of Arms Act.
3. As per the prosecution, FIR has been lodged against the petitioner in which one country made pistol has been recovered from the possession of the petitioner which is unloaded.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner is the victim of the present case due to the reason that he is Chairman of PACS and had obtained information under RTI about misappropriation of the
Patna High Court CR. MISC. No.39156 of 2024(2) dt.29-05-2024 2/3 government money by local Mukhiya in different schemes. Thereafter, he filed a representation and on the basis of the aforesaid representation the District Panchayat Rajya Officer has ordered to lodge the FIR against the present Mukhiya and Ex-Panchayat Secretary which was recorded as Kudhani P.S. Case No. 101 of 2024. Counsel submits that the Mukhiya and Ex-Panchayat Secretary were such influential person that they had transplanted this case in connivance with the police due to which the petitioner was arrested in this case. The petitioner is in custody since 24.03.2024.Counsel submits that the antecedent of the petitioner is not clean. There are two criminal cases pending against him and those cases are related to Excise Act in which he is on bail.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail only after framing of the charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, West, Muzaffarpur, in connection with Kudhani P.S. Case No.100 of 2024, subject to
Patna High Court CR. MISC. No.39156 of 2024(2) dt.29-05-2024 3/3 the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Mkr./Ankit U T