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Patna High CourtCR. MISC./71360/2019allowed

Fulendra Kumar v. The State Of Bihar

2019-11-19Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71360 of 2019 Arising Out of PS. Case No.-178 Year-2019 Thana- DHANARUA District- Patna ====================================================== FULENDRA KUMAR Son of Suba Rai Resident of Village - Gonwa, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs Sarita Bajaj with Mr. Dharmendra Kumar Paswan, Advocates For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in a case registered for the offence punishable under sections 399 and 402 of the Indian Penal Code and sections 25(1-b)a and 26, 35 of the Arms Act. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has been made accused only on the basis of confessional statement given by co-accused. Moreover, similarly situated co-accused person has been granted bail by co-ordinate Bench of this Hon'ble Court vide order dated 22.10.2019 in Cr. Misc. No. 63677 of 2019. Petitioner is in

Patna High Court CR. MISC. No.71360 of 2019(3) dt.19-11-2019 2/2 custody since 08.05.2019.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, 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 Judicial Magistrate, 1st Class, Masaurhi, District- Patna in connection with Dhanarua P.S. Case No. 178 of 2019.

(Arvind Srivastava, J) Ranjeet/- U T