Patna High CourtCR. MISC./62577/2023allowed

Anmol Kumar @ Anmol Yadav v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62577 of 2023 Arising Out of PS. Case No.-154 Year-2021 Thana- HASANPUR District- Samastipur ====================================================== ANMOL KUMAR @ ANMOL YADAV SON OF RAJENDRA YADAV RESIDENT OF VILLAGE -SIHMA, PS- BITHAN, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Gauri Shankar Gupta ====================================================== 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 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and there has been recovery of incriminating weapons from other co-accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot.

Patna High Court CR. MISC. No.62577 of 2023(2) dt.22-09-2023 2/2 The name of the petitioner has come into light on the basis of confessional statement of co-accused, who apprehended on spot. No incriminating article has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. The provision of Section 100 of the Cr.P.C. has not been followed in this case. He is languishing in judicial custody since 14.03.2022.

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 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 Hasanpur P.S. Case No. 154 of 2021.

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