Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61506 of 2021 Arising Out of PS. Case No.-422 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Arjun Kumar, male, aged about 32 years, S/o Shri Ram Chhabila Singh, R/o Mohalla- Lohiya Nagar, Ashok Vihar, Ward No. 28, P.S.- Lohiya Nagar, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dipak Kumar, Adv.

For the Opposite Party/s :

Mr./Ms. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-05-2022 Heard the learned counsel for the parties.

The petitioner seeks bail in connection with Begusarai Town P.S. Case No. 422 of 2021 instituted for the offences under Sections 147, 148, 149 and 427 of the Indian Penal Code and Sections 25(1-B)a, 26(2) and 27 of the Arms Act.

Few persons were reported to be firing indiscriminately at a construction site. On such information,

Patna High Court CR. MISC. No.61506 of 2021(2) dt.26-05-2022 2/3 the police arrived at the place of occurrence and on chase, arrested some of the persons. Few persons who had entered the houses in the neighbourhood were also arrested. From the rooftop of the house of one Kundan Kumar, firearms were recovered.

It has been submitted on behalf of the petitioner that he does not have criminal antecedents and nothing has been recovered from his personal or constructive possession. It has further been submitted that the petitioner has been wrongly identified to be a member of the gang which was resorting to firing at a construction site to scare people. The petitioner was only a bystander, which fact, it has been argued, is supported by the solitary statement that up-till now, he has not been accused in any other case. The petitioner is in custody since 07.07.2021. Considering the facts afore-stated and taking into account the period of custody of the petitioner, he is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court CR. MISC. No.61506 of 2021(2) dt.26-05-2022 3/3 Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 422 of 2021.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T