Patna High CourtCR. MISC./61621/2023allowed

Amarjeet Kumar @ Abhijeet Kumar @ Bhujungi v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61621 of 2023 Arising Out of PS. Case No.-392 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Amarjeet Kumar @ Abhijeet Kumar @ Bhujungi S/O Raj Ballam Mahto R/O Village- Dohaji Ram Chandra, P.S- Sarai, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

There is recovery of one country made pistol and 2 live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.61621 of 2023(3) dt.11-12-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the seized arms. The petitioner is languishing in custody since 29.06.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has already not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Mahua P.S. Case No. 392 of 2023.

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