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Patna High CourtCR. MISC./46778/2022bail granted

Arpit Kumar @ Golu v. The State Of Bihar

2023-02-17Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46778 of 2022 Arising Out of PS. Case No.-262 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Arpit Kumar @ Golu S/o Uday Shankar Singh @ Pintu Singh R/o villageHusaina Ragho, P.S.- Vaishali, District- Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhimanyu Sharma, Advocate For the Opposite Party :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Saraiya P.S. Case No. 262 of 2022 registered for the offences punishable under Sections 392 and 411 of the Indian Penal Code. As per the prosecution, the informant alleged that some miscreants looted his vehicle by brandishing his gun to him and fled away with the alleged vehicle but later this petitioner along with other co-accused person were apprehended by the informant and the alleged vehicle was recovered.

The main submissions advanced by learned counsel for the

Patna High Court CR. MISC. No.46778 of 2022(4) dt.17-02-2023 2/2 petitioner are that the petitioner has fair and clean antecedent and has been languishing in jail since 02.05.2022 in the present matter and he was wrongly shown as having been arrested at the spot of the alleged crime, in actual he was arrested from his house and coaccused namely, Rahul Kumar who is said to have been arrested at the spot, has been granted bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. No. 49503 of 2022 and the allegation concerned to the petitioner is also of same nature like the co-accused Rahul Kumar. Further submission is that in this matter there is no question of recovery of any material or looted vehicle or articles and the petitioner is a very young person. Learned APP for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly considering the petitioner's fair and clean antecedent, his young age and also his custody period and stage of his case, in the opinion of this Court, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Saraiya P.S. Case No. 262 of 2022.