Patna High CourtCR. MISC./84344/2023allowed

Amit Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84344 of 2023 Arising Out of PS. Case No.-373 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

AMIT KUMAR SON OF LATE MOHAN PASWAN R/O VILLAGEDHUNIYAGHAT, P.S.- CHIRAIYA, DIST.- EAST CHAMPARAN 2.

ASHARAF ALAM SON OF AKHTAR ALI R/O VILLAGE- BARA BAUDHA, P.S.- SUGAULI, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 399, 400, 401 and 414 of the IPC, Sections 25(1-b)A, 26 and 35 of the Arms Act and Sections 8, 20(b),(ii)(c) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol and two live cartridges from the possession of the each petitioners.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. The petitioners have no concern

Patna High Court CR. MISC. No.84344 of 2023(2) dt.05-01-2024 2/2 with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioners have been implicated in the present case by the police due to their criminal antecedents. They are languishing in judicial custody since 06.08.2023.

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 as well as the period of custody, this court is inclined to enlarge the petitioners on bail after framing of charge, if not framed. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Chiraiya P.S. Case No. 373 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T