Patna High CourtCR. MISC./75860/2023allowed

Arpit Kumar @ Janu Kumar @ Janu v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75860 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== ARPIT KUMAR @ JANU KUMAR @ JANU son of Naval Kishor Kunwar Village- Shahvajpur Ps- Ujiarpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and sections 25 (1B)(A), 26, 35 of the Arms Act.

3. 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 three accused persons who disclosed that they are making plan to commit loot/dacoity. On search, one loaded country made pistol and one live cartridge along with a mobile phone were recovered from the pant pocket of the petitioner.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.75860 of 2023(2) dt.30-11-2023 2/2 that petitioner has been falsely implicated in this case. The said recovery has been planted one by the police officials to make the case grievous in nature. Petitioner has got no criminal antecedent and languishing in judicial custody since 23.7.2023.

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

6. 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 ACJMIII, Samastipur in connection with Sarairanjan (Ghataho O.P.) P.S. Case No. 215 of 2023.

(Sunil Kumar Panwar, J) sushma/- U