Patna High CourtCR. MISC./50116/2024allowed

Harishankar Kumar v. The State Of Bihar

2024-07-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50116 of 2024 Arising Out of PS. Case No.-186 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== HARISHANKAR KUMAR SON OF SRI RAM DINESH SINGH Resident of Village - Dumrikala, P.S. - Mejorganj, District - Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner in connection with Mejorganj P.S. Case No. 186 of 2023 instituted for the offence under Sections 399/402 of the IPC and Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per allegation in the FIR, some miscreants are alleged to have assembled for hatching a conspiracy near the poultry farm of the petitioner. On seeing the police party, all of them succeeded to flee away. Arms and vehicles were recovered from there.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. The

Patna High Court CR. MISC. No.50116 of 2024(2) dt.12-07-2024 2/2 petitioner has no concerned with the alleged arms seized by the police. The alleged poultry farm was in abandoned condition, which belongs to co-accused Chandan Kumar. Nothing has been recovered from possession of the petitioner. Moreover, he has got no criminal antecedent. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 21.6.2024 passed in Cr. Misc. No. 24834 of 2023. He is languishing in judicial custody since 8.4.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Mejorganj P.S. Case No. 186 of 2023.

(Sunil Kumar Panwar, J) sushma/- U