Amit Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63566 of 2023 Arising Out of PS. Case No.-839 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== Amit Kumar @ Chhotu S/O Kishor Kumar Gupta @ Brij Kishor Gupta R/O Meena Bazar, Thatera Gali, In Front Of Corporation, Renter In The House Of Ram Naresh, P.S- Alamganj, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under section 414 of the IPC and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per allegation in the FIR, on seeing the police party on the western road adjacent to the Badi Patandevi, five accused persons tried to escape but on chase they were apprehended including the petitioner. From possession of the petitioner, one loaded country made pistol, thirteen live cartridges and one mobile phone were recovered.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.63566 of 2023(2) dt.09-10-2023 2/2 been falsely implicated in this case due to his previous criminal antecedents. He has no concern with alleged arms which were seized by the police. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. The other co-accused namely, Md. Raja @ Kallu has already been enlarged on bail by another coordinate Bench of this Court vide order dated 17.05.2023 passed in Cr. Misc. No. 22825 of 2023. Petitioner is languishing in judicial custody since 27.10.2022.

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, 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 A.C.J.M.-IV, Patna City, Patna in connection with Alamganj P.S. Case No. 839 of 2022.

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