Patna High CourtCR. MISC./71214/2022allowed

Bablu Kumar v. The State Of Bihar

2023-05-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71214 of 2022 Arising Out of PS. Case No.-357 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== BABLU KUMAR SON OF KISHUN DAS R/O VILL.- KHOAJPUR BASTI, P.S.- BALIGAON, DISTT.- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 411 and 412 of the Indian Penal Code and sections 25(1-b)a, 26 & 35 of the Arms Act.

Prosecution case relates to gathering of antisocial elements for hatching a conspiracy. Acting on a tip off, police party proceeded towards the place of occurrence and apprehended nine accused persons including the petitioner and out of them two accused persons managed to escape taking the benefit of darkness. On search, motorcycle, mobiles, arms & ammunition were recovered from possession of the petitioner. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.71214 of 2022(3) dt.15-05-2023 2/2 that petitioner has been falsely implicated in this case. Petitioner has no concern with the recovered article. Petitioner has not been put on TIP. This case is triable by judicial magistrate. During investigation, nothing has come against the petitioner to show his involvement in the present case. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 12.7.2022.

The application for bail is opposed by learned APP for the State.

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 ACJMXII, Muzaffarpur in connection with Sakra P.S. Case No. 357 of 2022.

(Sunil Kumar Panwar, J) sushma/- U