Anuj Kumar @ Pathan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17819 of 2018 Arising Out of PS.Case No. -274 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Anuj Kumar @ Pathan son of Ramesh Prasad resident of village - Amrwan, P.S. - Bodh Gaya, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrit Abhijat For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Gaya Mofassil P.S. Case No. 274 of 2017 registered under Section 413 & 414 of the Indian Penal Code and Section 25 (1-b)a/26/35 of the Arms Act. Petitioner along with two other accused persons are said to have congregated at the place of occurrence to commit the occurrence of looting motorcycle and the petitioner was apprehended along with country made pistol and two live cartridges.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and no such occurrence as alleged ever took place. He has been falsely implicated in this case at the

Patna High Court Cr.Misc. No.17819 of 2018 (04) dt.17-05-2018 - 2 - instance of his enemy by planting the aforesaid recovery from his possession. No incriminating article has been recovered from his conscious physical possession. Though 10 more criminal cases have been lodged against the petitioner but he is on bail in the aforesaid cases. Petitioner has been languishing in custody since 18.09.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Gaya Mofassil P.S. Case No.274 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T