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Patna High CourtCR. MISC./55362/2022allowed

Aryan Kumar v. The State Of Bihar

2023-02-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55362 of 2022 Arising Out of PS. Case No.-210 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Aryan Kumar Son Of Fulchand Yadav R/V- Naya Tola, Jurabganj, Ward No. 1, P.S- Kodha, Dist- Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 414 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of Arms Act. It is a case of recovery of one loaded country made pistol, mobile and motorcycle from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The

Patna High Court CR. MISC. No.55362 of 2022(2) dt.16-02-2023 2/3 petitioner has no concern with the recovered incriminating articles. Moreover, the petitioner is languishing in judicial custody since 10.04.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Sonu Yadav has been granted Bail vide order dated 10.02.2023, passed in Cr. Misc. No. 59452 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that the recovered motorcycle appears to be stolen. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Begusarai(Town) P.S. Case No. 210 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.55362 of 2022(2) dt.16-02-2023 3/3 the satisfaction of the learned C.J.M., Begusarai. (Sunil Kumar Panwar, J) nirajkrs/- U T