Amarnath Bharati @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75491 of 2023 Arising Out of PS. Case No.-435 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Amarnath Bharati @ Guddu Son Of Ram Kumar Mandal Resident Of Village - Sudai, P.S.- Phulparas, District - Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anju Mishra For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.
The prosecution case as per F.I.R is that on getting information that some miscreants are planning to commit some offence, raid was laid and some miscreants including the petitioner were apprehended. From the
Patna High Court CR. MISC. No.75491 of 2023(2) dt.30-11-2023 2/3 possession of the petitioner one Apple I-phone was recovered.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the place of seizure or the apprehended accused persons. The petitioner is languishing in custody since 22.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions
Patna High Court CR. MISC. No.75491 of 2023(2) dt.30-11-2023 3/3 Judge-III, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 435 of 2023.
(Sunil Kumar Panwar, J) Shageer/- U T