Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11444 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- Rampur Chauram District- Arwal ====================================================== ANIL KUMAR S/O Chandradev Ram Village / Muhallah- Kurthaul, P.S.- Parsa, Dist. - Patna (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rampur Chauram P.S. Case No. 69 of 2023, lodged on 16.07.2023 under Sections 468, 471, 401, 34 of the Indian Penal Code read with sections 25(1-B)A/26/35 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against three named accused persons including the present petitioner. A motorcycle which was subject to theft and arms with live cartridges have been alleged to be recovered in this case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that seizure list has been attached and from the seizure list page no.19 of the bail application, it is clear that

Patna High Court CR. MISC. No.11444 of 2024(2) dt.22-02-2024 2/2 from the petitioner's possession only mobile and two sim cards have been recovered and arms have been recovered from the possession of other accused person namely Bablu Kumar. Counsel further submits that the antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 17.07.2023 in the present case. Counsel also submits that the charge-sheet has already been filed in this case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateI, Arwal in connection with Rampur Chauram P.S. Case No. 69 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T