Arun Singh Patel @ Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60659 of 2022 Arising Out of PS. Case No.-5 Year-2000 Thana- PATAHI District- East Champaran ====================================================== Arun Singh Patel @ Arun Singh S/O Late Phekan Singh Patel R/V- Har Nath Pur, P.S.- Pakdideyal, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Shankar Shrivastava For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 396, 427 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act but the charge-sheet has been submitted under Section 396, 427 of the Indian Penal Code, Section 3/4/5 of the Explosive Substance Act and Section 17 of Unlawful Activities Prevention Act. Allegedly 30-40 miscreants armed with rifles committed dacoity in the house of the deceased, Ram

Patna High Court CR. MISC. No.60659 of 2022(2) dt.03-02-2023 2/3 Kumar Jha and killed him by way of cutting his neck with sharp weapons.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in F.I.R. He was neither arrested on spot nor anything has been recovered from his possession. Similarly situated several co-accused persons have been granted Bail (Annexed as Annexure 2 series of the application) by the Co-ordinate Bench of this Court. It is also submitted that petitioner was arrested in Pakridayal P.S. Case No. 66 of 2019 in the year 2019 itself but he was remanded in the present case on 27.03.2021 and since then he was languishing in judicial custody.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.60659 of 2022(2) dt.03-02-2023 3/3 circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 325 of 2022, arising out of Patahi P.S. Case No. 5 of 2000 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 21st Additional Sessions Judge, East Champaran, Motihari.

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