Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68566 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Arjun Kumar Son of Kanhaiya Sah Resident of Village - Mahuawa Katgenwa, P.S. - Mahuawa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State as also perused the case diary.

2. The petitioner seeks bail in connection with Ghorasahan P.S. Case No. 215 of 2023 instituted for the offences under Section 414 of the Indian Penal Code and Section 25(1b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the Informant, on receipt of secret information regarding commitment of loot in the house of one Raju Kumar, proceeded at the place of occurrence for verification and recorded the statement of the victim/Raju Kumar. After recording the statement, while the police party was returning back, on suspicion, arrested the accused/Arjun Kumar and co-accused Jitesh Mukhiya who were riding on a motorcycle. On search, the police recovered one loaded country-made pistol and one keypad mobile from the possession of the petitioner. The

Patna High Court CR. MISC. No.68566 of 2023(3) dt.22-12-2023 2/2 motorcycle was also seized by the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has two criminal antecedents in which he is on bail. Nothing incriminating has been recovered from the possession of the petitioner and the petitioner is not concerned in any manner with the co-accused persons. The petitioner is a student and the co-accused Jitesh Mukhiya has already been granted bail by the court below itself. There is no allegation of any overt act against the petitioner. The petitioner is languishing in judicial custody since 28.04.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also taking into account the period of custody, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Ghorasahan P.S. Case No. 215 of 2023. (Rudra Prakash Mishra, J) rishi/- U T