Patna High CourtCR. MISC./62293/2018bail granted

Alok Kumar @ Ashutosh Kumar @ Munchun @ Ambani v. The State Of Bihar

2018-10-10Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.62293 of 2018 (2) dt.10-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62293 of 2018 Arising Out of PS.Case No. -358 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ====================================================== Alok Kumar @ Ashutosh Kumar @ Munchun @ Ambani S/o Sri Shatrudhan Prasad Singh, R/o Vill.- Mihishor, Jandah, P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay For the Opposite Party/s : Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 03.11.2017 in connection with Tajpur P.S. Case No. 358 of 2017 for the offence registered under Section 25 (1-AA),25, 25 (1-AAA), 25 (1-B) (a), 26 and 35 of the Ars Act.

Learned counsel for the petitioner submits that the loaded carbine alleged to have been recovered from the petitioner but in fact, the same was recovered from a bag, which does not belong to the petitioner. From the seizure list itself, it is evident that the bag, which was seized separately and the carbine which was inside the bag with one Samsung mobile and other mobiles, were not recovered from the conscious possession of the

Patna High Court Cr.Misc. No.62293 of 2018 (2) dt.10-10-2018 petitioner. It is further submitted that similarly situated co-accused person, namely, Sanjeev Kumar Jha has been granted bail vide order dated 23.02.2018 passed in Cr. Misc. No 5387 of 2018. Considering the aforesaid facts and circumstances of the case and that the petitioner has already been in custody for nearly 10 months, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Samastipur in connection with Sessions Trial No. 358 of 2018 arising out of Tajpur P.S. Case No. 358 of 2017. (Anjana Mishra, J) Jagdish/- U T