Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84939 of 2023 Arising Out of PS. Case No.-578 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== Aman Kumar Son Of Suryadeo Ray @ Surya Dev Ray, Resident Of VillageMadhopur Susta , P.S- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Anand For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 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, 414/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

3. Prosecution case relates to recovery of one country made loaded pistol, one live cartridge and a mobile from possession of co-accused Manjay Kumar and From possession of this petitioner only one mobile was recovered. It is further alleged that six antisocial persons were assembled for planning a crime. On seeing the police officials, four miscreants managed to escape.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.84939 of 2023(2) dt.15-01-2024 2/2 that petitioner has been falsely implicated in this case only because he was standing with co-accused Manjay Kumar. The said recovery has been made from the possession of co-accused Manjay Kumar and nothing incriminating article was recovered from possession of this petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 28.09.2021 passed in Cr. Misc. No. 27030 of 2021. Petitioner is languishing in judicial custody since 3.5.2023.

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 ACJM1st (West) Muzaffarpur in connection with Kudhani P.S. Case No. 578 of 2020.

(Sunil Kumar Panwar, J) sushma/- U