Janardan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61528 of 2021 Arising Out of PS. Case No.-413 Year-2021 Thana- MADHAURAH District- Saran ====================================================== JANARDAN KUMAR Son of Sonalal @ Sonelal Mahato Resident of Village - Rahimpur, P.S.- Madhaura, Distt.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Bhaskar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard.

The petitioner seeks regular bail in connection with Madhaura P.S. Case No. 413 of 2021, registered for the offence punishable under sections 356/379/414/34 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act. The allegation is that the informant along with his police force had chased the miscreants who were trying to flee away after snatching the mobile phone of one person, whereafter three miscreants including the petitioner herein were apprehended by the police and upon search, as far as the petitioner is concerned, one country made pistol with live cartridge and mobile phone along with one motorcycle was recovered.

Patna High Court CR. MISC. No.61528 of 2021(2) dt.30-03-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 17.07.2021. The learned counsel for the petitioner has further submitted that admittedly the mobile phone and the motorcycle in question belongs to the petitioner. It is also submitted that the petitioner has already been sufficiently punished on account of the period of custody already undergone by him.

Per contra, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since about 8 months, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail- bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.61528 of 2021(2) dt.30-03-2022 3/3 the learned court of Chief Judicial Magistrate, Saran at Chapra in connection with Madhaura P.S. Case No. 413 of 2021. (Mohit Kumar Shah, J) Tiwary/- U T