Harsh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55917 of 2022 Arising Out of PS. Case No.-62 Year-2022 Thana- KINJAR District- Jehanabad ====================================================== HARSH KUMAR Son of Sri Sanjay Singh Resident of village - 12 Kurtha Road, Sonbhadra, Mjhiawan, Govindpur, P.S.-Kurtha, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajan Ghoshrave For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 414, 399 of the Indian Penal Code and Sections 25(1B)(a), 26, 35 of the Arms Act.

As per prosecution case, the local police had received secret information that some miscreants were planing to commit crime and in course of patrolling, all accused persons were apprehended. Two motorcycle and incriminating weapons were recovered from nearby bush.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. A

Patna High Court CR. MISC. No.55917 of 2022(2) dt.17-01-2023 2/2 statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The alleged incriminating weapons did not recovered from the conscious possession of the petitioner. Moreover, similarly situated coaccused namely, Rahul Kumar has already been granted bail by a co-ordinate bench of this court vide order dated 23.12.2022 in Cr. Misc. No. 57436 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 4.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering 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 released on bail in connection with Kinjar P.S. Case No. 62 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 Sub-Divisional Judicial Magistrate, Arwal.

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