Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3494 of 2024 Arising Out of PS. Case No.-457 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Amarjeet Kumar son of Ajay Sharma Village- Bari Tengraila Ps- Naubatpur Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bibhakar Tiwary, Advocate For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 457 of 2023 instituted for the offence under Sections 399/402 of the Indian Penal Code and 25(1B)a/26/35of the Arms Act. 3.

On secret information police party raided in the forest near village- Faridpura, where seven miscreants were assembled. Out of seven miscreants, four were apprehended and three managed to escaped. Petitioner is one of the four apprehended persons and from possession of the petitioner one country made pistol and one live cartridge were recovered. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.3494 of 2024(2) dt.29-01-2024 2/2 that the petitioner is in custody since 02-07-2023. Petitioner is stated to be man of clean antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet has already been submitted in this case. Similarly situated co-accused person, namely, Aditya Kumar @ Mantu has been granted bail by the court below vide order dated 08-12-2023, passed in B.P. No. 1254 of 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charges, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naubatpur P.S. Case No. 457 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T