Patna High CourtCR. MISC./59137/2023allowed

Amarjeet Kumar v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59137 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- BITHAN District- Samastipur ====================================================== AMARJEET KUMAR son of Arjun Mahto Village- Pusaho Ps- Bithan Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol and one live cartridge from the possession of co-accused Amresh Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has apprehended on spot. Petitioner has no concern either with the co-accused person or with the incriminating articles which were seized from the coaccused. He submitted that the petitioner had gone to purchase

Patna High Court CR. MISC. No.59137 of 2023(2) dt.08-09-2023 2/2 vegetables from the market and the co-accused had taken a lift on his bike. No incriminating article has been recovered from the conscious possession of the petitioner. Only on the basis of suspicion, petitioner has implicated in the present case by the police. He is languishing in judicial custody since 02.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Bithan P.S. Case No. 87 of 2023.

(Sunil Kumar Panwar, J) arish/- U