Suman Kumar @ Suman Mahto @ Sumant @ Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2241 of 2022 Arising Out of PS. Case No.-233 Year-2019 Thana- ROSERA District- Samastipur ====================================================== SUMAN KUMAR @ SUMAN MAHTO @ SUMANT @ SUMANT KUMAR SON OF LUTAN MAHTO R/O VILLAGE- MUSHARI, P.S.- KHODAWANPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399, 402 and 414 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on information having been received about the accused persons having gathered and planning to give effect to an occurrence, it is stated that a raid was conducted. While some of the accused persons were caught, others managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He was neither arrested at the spot nor any incriminating article has

Patna High Court CR. MISC. No.2241 of 2022(2) dt.09-06-2022 2/2 been recovered from his possession. From the contents of the FIR it would transpire that the name of the petitioner transpired in the confessional statement of co-accused Vikash Kumar @ Ballu who has himself been enlarged on bail vide order dated 11.12.2019 passed in Cr. Misc. no. 72455 of 2019. The petitioner is in custody since 24.3.2021 and investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the FIR, the petitioner having remained in custody for more than 1 year and grant of bail to the co-accused Vikash Kumar @ Ballu, the Court directs the petitioner to be enlarged on bail in connection with Rosera P.S. Case no. 233 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-II, Rosera (Samastipur).

(Partha Sarthy, J) Prakash/- U