Patna High CourtCR. MISC./43913/2024bail granted

Ayush Kumar @ Suraj @ Suraj Kumar v. The State Of Bihar

2024-07-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43913 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- PARIHAR District- Sitamarhi ====================================================== Ayush Kumar @ Suraj @ Suraj Kumar S/o Umesh Prasad R/o Village Dronpur Belahiya @ Draupur Belahiya, P.S. -Ahiyapur, Dist.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== 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 Parihar P.S. Case No. 19 of 2024 dated 23.01.2024 registered for the offence/s punishable u/s 414 of the Indian Penal Code 25(1-B)a, 26, 35 of the Arms Act.

3. As per the prosecution case, a loaded revolver and two live cartridges were recovered from the possession of the co-accused Md. Israel who disclosed that the said arms was given to him by the petitioner who snatched from a doctor after shooting him.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.43913 of 2024(2) dt.09-07-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has five criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2024.

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, Sitamarhi in connection with Parihar P.S. Case No. 19 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

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