Prem Kumar @ Kaga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5950 of 2021 Arising Out of PS. Case No.-322 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== PREM KUMAR @ KAGA Son of Binod Yadav Resident of VillageMadhopur, P.S.-Bakhtiyarpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate.

For the Opposite Party/s :

Mr. H.A. Khan. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Bakhtiarpur P.S. Case No. 322/19 registered for the offence punishable under Sections 399/402 of the Indian Penal Code and under Sections 25(1-B) A, 26, 35 of the Arms Act. As per the prosecution case, acting on a tip of information that some culprits are assembled at the house of the co-accused Kaushal Yadav of village Madhopur for making

Patna High Court CR. MISC. No.5950 of 2021(2) dt.13-04-2021 2/3 planning to commit dacoity. The informant thereafter prepared a raiding party and reached there, after seeing this the culprits tried to flee away but after chase six were apprehended. Learned counsel for the petitioner submits that one live cartridge and one loaded country made pistol have been recovered from the conscious possession of the petitioner. It is further submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He is quite innocent and has been falsely implicated in this case. He submits that the similar situated co-accused has been granted bail vide order dated 03.06.2020 in Cr. Misc. No. 15957 of 2020.

No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as mentioned in para 3 of the bail application in which the petitioner is on bail and he is languishing in custody since 07.10.2019. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after framing of

Patna High Court CR. MISC. No.5950 of 2021(2) dt.13-04-2021 3/3 charge and 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 Bakhtiarpur P.S. Case No. 322/19.

(Anjani Kumar Sharan, J) GAURAV S./- U T