Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61013 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== ANUJ KUMAR S/O JAY PRAKASH SHARMA R/O VILLAGESHANKARPUR, P.S.- SABOUR, DIST. BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Thakur For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per FIR, it is a case of preparation of commission of offence and there has been recovery of incriminating articles from the other co-accused.

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 not apprehended on spot. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. No incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.61013 of 2023(2) dt.15-09-2023 2/2 petitioner. The name of the petitioner has come into light on the basis of confessional statement of co-accused persons and on the basis of suspicion, he has implicated in the present case. He further submitted that the other co-accused, who apprehended on spot has already been granted bail by a Co-ordinate Bench vide order dated 05.09.2023 passed in Cr. Misc. No. 57656 of 2023. He is languishing in judicial custody since 31.03.2023.

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 Sabaur P.S. Case No. 181 of 2023.

(Sunil Kumar Panwar, J) arish/- U