Patna High CourtCR. MISC./80703/2018bail granted

Abinash Kumar v. The State Of Bihar

2019-01-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80703 of 2018 Arising Out of PS. Case No.-124 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Abinash Kumar, son of Prem Nath Chaudhary, Resident of village- Sahpur P.S.- Tisiauta Distt. - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar No-1, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Bidupur P.S. Case No. 124 of 2018 instituted for the offence under Section(s) 379, 414 Indian Penal Code and Section 25(1-b)A, 26 of the Arms Act. Counsel for the petitioner submits that the informant with other police officers raided the house of one Abhishek Kumar and recovered one mobile from his possession. He disclosed that he has purchased the said mobile from the petitioner in rupees five thousand. Thereafter, the police raided the house of this petitioner and recovered country made pistol, two cartridges, four laptops, one speaker, eleven amplifier etc. as mentioned, in detail, in the seizure list. Counsel for the petitioner further submits that the

Patna High Court Cr.Misc. No.80703 of 2018(2) dt.17-01-2019 2/2 police did not search the house of petitioner, rather, police has taken away entire household articles, which will appear from seizure list. Petitioner has been made accused merely on the basis of statement given by co-accused.

Petitioner is said to be in custody since 06.08.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 14th, Vaishali at Hajipur, in connection with Bidupur P.S. Case No. 124 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- Rohit Kr.

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