Patna High CourtCR. MISC./73577/2024bail granted

Amit Kumar v. The State Of Bihar

2024-10-23Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73577 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- KATHAIYA District- Muzaffarpur ====================================================== Amit Kumar S/O Buta Thakur @ Ramsurat Thakur R/O Village- Paroo Gopalpur, P.S- Paroo, Distt.- Muzaffarpur, Mob. NO.- 9572461792. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar S.K.

For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Kathaiya P.S. Case No. 133 of 2024 dated 05.07.2024 registered for the offence/s punishable u/ss 309(6), 109, 317(2), 111 of the BNS and sections 25 (1-B)a, 26, 35 and 27 of the Arms Act.

3. As per the prosecution case, four unknown miscreants boarded on two motorcycles dashed the informant and snatched Rs. one lakh and his Pithu bag containing Laptop, finger print scanner, mouse, charger, mobile and passbook, thereafter they started fleeing away, in the meantime, one

Patna High Court CR. MISC. No.73577 of 2024(2) dt.23-10-2024 2/3 miscreant fired on his thigh, causing fire arms injury and he fell down. It is further alleged that with the assistance of the villagers, one of the miscreants was apprehended and from the said looted bag containing laptop etc. and a pistol were also recovered from his possession.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the apprehended co-accused person. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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, Muzaffarpur in connection with Kathaiya P.S. Case No. 133 of 2024, subject to

Patna High Court CR. MISC. No.73577 of 2024(2) dt.23-10-2024 3/3 conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T