Abhinav Kumar @ Abhinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64310 of 2022 Arising Out of PS. Case No.-357 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== ABHINAV KUMAR @ ABHINAY KUMAR S/o Suresh Kumar SIngh @ Suresh Kumar R/v- Malpur, P.S.- Patepur, District- Vaishali At present Mohalla- Pokhariya Pir, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 399, 402, 411, 412 of the IPC & 25(1-b)a, 26, 35 Arms Act As per prosecution case, informant alleged that after getting a secret information along with police party, he reached Shimri Shamshan Ghat and apprehended the petitioner as well as co-accused persons. On search, arms & ammunitions, mobile phones and motor-cycles were recovered from the possession of the all accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.64310 of 2022(2) dt.21-02-2023 2/2 falsely been implicated in the present case. Petitioner has no concern with the alleged recovery of arms and ammunitions and so far as seized mobile is concern, it is not a stolen article rather the same belongs to the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 12.07.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sakra P.S. Case No. 357 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XII, Muzaffarupur. (Sunil Kumar Panwar, J) Aman/Manish U T