Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62787 of 2023 Arising Out of PS. Case No.-441 Year-2023 Thana- SONEPUR District- Saran ====================================================== AMIT KUMAR Son of Ramesh Das R/o vill - Parbejabad, P.O. and P.S. - Sonepur, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 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, three miscreants including the petitioner were arrested on spot during checking. From possession of the petitioner, two mobiles were recovered whereas from other accused persons one live cartridge and iron rood were recovered.
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 was seized from pocket of accused
Patna High Court CR. MISC. No.62787 of 2023(2) dt.22-09-2023 2/2 Ashutosh Kumar. The provision of Section 100 of the Cr.P.C. has not followed in this case. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 60220 of 2023 passed in Cr. Misc. No. 60220 of 2023. 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 CJM, Saran at Chapra or concerned court in connection with Sonepur P.S. Case No. 441 of 2023. (Sunil Kumar Panwar, J) sushma/- U