Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67740 of 2023 Arising Out of PS. Case No.-373 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Sagar Kumar, aged about 20 years (M), S/O Dhirendra Ram, R/O VillageChiraiyakothi, P.S-Chiraiya, Distt- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case No. 373 of 2023 dated 05.08.2023 registered for the offences punishable under Sections 399, 400, 402, 414 of the I.P.C., Sections 25(1-b)a, 26, 35 of the Arms Act and 8, 20(b) (ii)(c) of the N.D.P.S. Act.

3. As per the prosecution case, the petitioner and the co-accused persons were apprehended by police when they had assembled at the house of the co-accused, Amit Kumar, for making preparation to commit crime. One load country made pistol, Motorcycle, knife etc., were recovered from the

Patna High Court CR. MISC. No.67740 of 2023(2) dt.18-10-2023 2/2 possession of apprehended co-accused persons and from the possession of the co-accused, Pritam Paswan, Charas weighing 1 kg and 400 Gram was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in paragraph no. 3 of the bail petition. No incriminating article was recovered from the possession of the petitioner. He is in custody in this case since 06.08.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Motihari, East Champaran, in connection with Chiraiya P.S. Case No. 373 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T