Patna High CourtCR. MISC./60220/2023allowed

Ashutosh Kumar @ Aasu v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60220 of 2023 Arising Out of PS. Case No.-441 Year-2023 Thana- SONEPUR District- Saran ====================================================== ASHUTOSH KUMAR @ AASU S/O RAMLOCHAN SINGH R/O VILLAGE- CHAUSIYA, PS. SONPUR, DIST. SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 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 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one live cartridge from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged cartridge, which were seized by the police. Petitioner is neither the owner nor the care taker of the alleged vehicle. Only on the basis of suspicion, petitioner has implicated in the present case by the police. The provision of Section 100 of the Cr.P.C.

Patna High Court CR. MISC. No.60220 of 2023(2) dt.14-09-2023 2/2 has not followed in this case. He is languishing in judicial custody since 04.06.2023.

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 Sonepur P.S. Case No. 441 of 2023.

(Sunil Kumar Panwar, J) arish/- U