Arjun Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85138 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- BHAGWAN BAZAR District- Saran ====================================================== ARJUN RAI son of Kamla Rai Village- Brahmpur P.s- Bhagwan Bazar DistSAran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anjani Parashar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and apprehended six persons.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of co-accused person, who apprehended
Patna High Court CR. MISC. No.85138 of 2023(2) dt.09-01-2024 2/2 on spot. No incriminating article has been recovered from the conscious possession of the petitioner. Only on the basis of suspicion and due to his criminal antecedents, petitioner has been implicated in the present case by the police. He is languishing in judicial custody since 24.07.2023.
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 period of custody, 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 A.C.J.M. 1st, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 281 of 2023. (Sunil Kumar Panwar, J) Arish/- U T