Patna High CourtCR. MISC./50324/2021bail granted

Anish Kumar @ Kallu @ Avinash Kumar v. The State Of Bihar

2021-11-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50324 of 2021 Arising Out of PS. Case No.-166 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ANISH KUMAR @ KALLU @ AVINASH KUMAR Son of Raj Kumar Rai Resident of Village- Subhai, Rangila Chowk, P.S.- Hajipur Sadar, DistrictVaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 399, 402 of the Indian Penal Code, u/s 25(1-b)a, 26, 35 of Arms Act and under Section 30 (a) of the Bihar Prohibition & Excise Act. As per the prosecution case, on secret information that 8-9 armed miscreants are gathered to commit some offence, a raid was conducted and this petitioner along with other accused persons were apprehended. On search, two live cartridges were recovered from the possession of this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.50324 of 2021(2) dt.26-11-2021 2/2 conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner claims clean antecedent and is in custody since 20.02.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-II- Vaishali at Hajipur in connection with Hajipur Sadar PS case No. 166/2021. (Prabhat Kumar Singh, J) BKS/- U T