Anish Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43809 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== ANISH KUMAR @ BHOLA SON OF DEVENDRA PRASAD YADAV VILLAGE- KORAIYAPACHHAMITOLA, P.S.- MAHUAWA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Adapur P.S. Case No. 110 of 2024 dated 29.03.2024 registered for the offences punishable u/ss 399, 402, 414 read with Section 34 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one loaded country made pistol and Rs. 10,000/- in cash were recovered from the petitioner and one live cartridge and a mobile phone were recovered from the possession of the co-accused.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.43809 of 2024(2) dt.09-07-2024 2/2 this case. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. Similarly situated co-accused has already been granted bail by this court vide order dated 02.07.2024 passed in Cr. Misc. No. 43246 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.03.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 learned Court concerned, East Champaran, Motihari, in connection with Adapur P.S. Case No. 110 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T