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Patna High CourtCR. MISC./1452/2021allowed

Sunil Kumar v. The State Of Bihar

2021-04-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1452 of 2021 Arising Out of PS. Case No.-54 Year-2020 Thana- BHAGWANGANJ District- Patna ====================================================== SUNIL KUMAR SON OF LATE JAWAHAR YADAV R/o VillageDarogachak, P.S.- Karauna ( O.P), District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Md.Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Bhagwanganj P.S. Case No.54 of 2020 registered for the offence punishable under Sections 147, 148, 149, 323, 341, 386, 387, 120(B), 506 of the IPC, section 18, 20 of UAP Act and 25 (1-b)a, 26, 35 of Arms Act.

The prosecution case in short is that, police made a raid on the basis of an information received that some offence including the demand of ransom from the brick owners is being planned by some miscreants under the bridge of morhar river near Bhagwanganj Power grid. On raid, police apprehended this petitioner and one other accused and on search recovered one Maowadi Slips and two live cartridges.

Patna High Court CR. MISC. No.1452 of 2021(3) dt.08-04-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent, has been falsely implicated in this case and has not committed any offence as alleged in the FIR. He has been made accused in the present case merely on the basis of suspicion. No incriminating article has been recovered from his conscious physical possession. Similarly situated coaccused Dudhnath Rai @Dudhnath Yadav has already been granted regular bail vide order dated 15.12.2020 passed in Cr. Misc. No.33459 of 2020 by a co-ordinate Bench of this Court. The petitioner has no criminal antecedent as mentioned in para3 of the petition and has been languishing in custody since 20.04.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below, where the case is pending in connection with Bhagwanganj P.S. Case No.54 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T