Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37959 of 2020 Arising Out of PS. Case No.-349 Year-2020 Thana- MOTIHARI TOWN District- East Champaran ====================================================== 1.

Aman Kumar S/o Om Prakash Gupta @ Om Prakash Prasad R/o VillageHenrry Bazar Telia Patti, P.S.- Town, District- East Champaran 2.

Gopi Kumar S/o Raju Prasad R/o Village- Henrry Bazar Telia Patti, P.S.- Town, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-02-2021 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek regular bail in connection with Town P.S. Case No. 349 of 2020 for the offence registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The informant along with the police force is stated to have reached at the alleged place of occurrence then they had arrested various accused persons and upon search, as far as the petitioners are concerned, only two mobile phones were recovered, however, some arms were recovered from the other co-accused persons apart from recovery of certain other articles. It is alleged that the said persons including the petitioners herein were planning to commit dacoity. The learned counsel for the petitioners has submitted that the petitioners are innocent, have been falsely implicated in the

Patna High Court CR. MISC. No.37959 of 2020(2) dt.05-02-2021 2/2 present case, are having clean antecedents and they are languishing in custody since 19.06.2020. The learned counsel for the petitioners has further submitted that as far as the petitioners are concerned, no illicit arms have been recovered from their possession, hence they have been falsely implicated in the present case merely on suspicion. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners and taking into account the materials available on record as also considering the fact that no illicit arms have been recovered from the petitioners and they are stated to be having a clean antecedent, I deem it fit and proper to direct for release of the petitioners herein on regular bail.

Accordingly, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Town P.S. Case No. 349 of 2020. (Mohit Kumar Shah, J) S.Sb/- U T