Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57024 of 2022 Arising Out of PS. Case No.-213 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Bharat Kumar S/O Baidhanath Sahani @ Bainath Sahani Resident Of VillageBochahan Dharma Tola, P.S.- Bochahan, District- Muzaffarpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 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 399, 402, 413, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

As per prosecution story, the petitioner along with other co-accused persons were planning for committing robbery in the meantime, police party reached there and arrested them. On search, one loaded country pistol was recovered from possession of this petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been made accused in this present case.

Patna High Court CR. MISC. No.57024 of 2022(3) dt.23-02-2023 2/2 Petitioner has no concern with the alleged recovery of arms or with the place of occurrence. It is further submitted that the petitioner is languishing in judicial custody since 17.5.2022. Similarly situated co-accused, namely, Rahul Kumar has been granted Bail vide order dated 07.02.2023, passed in Cr. Misc. No. 60120 of 2022 by this Court.

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 Bochahan P.S. Case No. 213 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 J.M., 1st Class, Muzaffarpur. (Sunil Kumar Panwar, J) nirajkrs/- U T