Amarjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59838 of 2023 Arising Out of PS. Case No.-382 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Amarjit Kumar Son Of Rityanand Yadav @RITIYA Nand Yadav Resident Of Village- Nayanagar, Parmanandpur, P.S.- Murliganj, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394, 411 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, and 35 of the Arms Act.

3. As per prosecution case, the allegation against two unknown miscreants is that they boarded on motorcycle came and on pistol point looted cash Rs. 2,000/-, motorcycle and other valuable articles from the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is

Patna High Court CR. MISC. No.59838 of 2023(2) dt.08-09-2023 2/2 named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession rather looted article has been recovered from co-accused person who has already been granted bail by a coordinate Bench of this Court vide order dated 02.05.2023 passed in Cr. Misc. No. 73765 of 2022. Moreover, the petitioner is languishing in judicial custody since 25.08.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Murliganj P.S. Case No. 382 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

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