Patna High CourtCR. MISC./53908/2023allowed

Abhimanyu Kumar v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53908 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== ABHIMANYU KUMAR S/o Vikram Guru @ Vikram Guro R/o-VillageRampur Misan (Thukaha), P.S.-Bhangaha, District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and there has been recovery of one country-made pistol and three live cartridges from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. The

Patna High Court CR. MISC. No.53908 of 2023(2) dt.25-08-2023 2/2 petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedents. The provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 20.05.2023.

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 Court below in connection with Ramnagar P.S. Case No. 224 of 2023.

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