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Patna High CourtCR. MISC./2223/2023bail granted

Aditya Kumar v. The State Of Bihar

2023-05-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2223 of 2023 Arising Out of PS. Case No.-155 Year-2022 Thana- SURYAGARHA District- Lakhisarai ====================================================== ADITYA KUMAR Son of Sri Rajeev Singh Resident of Village- Salempur, P.S.- Suryagarha, Manikpur (O.P.), District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 25(1-b)a, 35 and 37 of the Arms Act.

As per the prosecution case, on the basis of secret information that armed miscreants are scuffling with the villagers, police reached the place and nabbed one miscreant while two of them managed to flee away. Police recovered two country made pistols and one motorcycle.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case only on the basis of the confessional statement of the co-accused who was apprehended on the spot. It is further submitted that nothing was recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.2223 of 2023(2) dt.08-05-2023 2/2 Petitioner has not committed any such offence. Petitioner has got no criminal antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Suryagarha, Lakhisarai in connection with Suryagarha P.S. case no. 155 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Alok Verma/- U T