Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51906 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Arjun Kumar Son Of Hira Singh Resident Of Village- And Ps- K Nagar, District -Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 394/411 of the Indian Penal Code and Sections 25(1-b)a/26 of the Arms Act.

3. As per allegation in the FIR, the informant alleged that two unknown persons entered into his house and pointed gun on the head and knife on neck of his wife and assaulted her and took Rs. 20,500/- along with golden and silver ornaments and fled away. It is further alleged that when his wife raised hulla, the villagers and mohalla peoples caught one thief, who disclosed his name as Dhiraj Kumar and disclosed the name of fled person as petitioner.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.51906 of 2023(3) dt.30-10-2023 2/2 has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner has been disclosed by the apprehended person. Neither the petitioner was apprehended from the place of occurrence nor any incriminating article or looted article has been recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 16.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 C.J.M., Purnea in connection with K. Nagar P.S. Case No. 98 of 2023.

(Sunil Kumar Panwar, J) lata/- U T