Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63430 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== ABHISHEK KUMAR S/O SRI JITENDRA PRASAD @ JITENDRA Kr. R/O VILLAGE - NEMATI MOHALLA, P.S. - MANER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Nath For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 section 25(1b)a, 26, 35 of the Arms Act and Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

3. As per FIR, upon getting information of murder the informant along with other reached at the place of occurrence and recovered 36.400 liter illegal country made liquor, one country made pistol and three live cartridges were recovered and the petitioner and co-accused person were also apprehended.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.63430 of 2023(4) dt.20-12-2023 2/2 committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner is languishing in judicial custody since 23.03.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jakkanpur P.S. Case No. 150 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 Special Judge Excise Patna.

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