Karu Kumar @ Karua Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3862 of 2024 Arising Out of PS. Case No.-360 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Karu Kumar @ Karua Kumar S/O Ramashish Nishad @Ramashish Mahto @Ramashish Sahni Village-Simariya (Simariya Ghat), Bind Toli, P.S.- Barauni, District-Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sandip Kr Gautam For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307, 353, 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of Arms Act.

3. As per prosecution case, on a secret information that some miscreants have assembled and are planning to commit a crime, a raid was conducted and one Shravan Mahto was apprehended on spot and on search, one country made pistol along with cartridge was recovered. The apprehended coaccused Disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.3862 of 2024(2) dt.01-02-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession rather his name was disclosed by apprehended co-accused Sharvan. Other coaccused Pankaj Kumar has already been granted bail by a coordinate Bench of this Court vide order dt. 2.11.2021 passed in Cr. Misc. No. 44057 of 2021. Moreover, the petitioner is languishing in judicial custody since 26.1.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Barauni P.S. Case No. 360 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T