Sanoj Kumar @ Sanoj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2559 of 2019 Arising Out of PS. Case No.-133 Year-2018 Thana- RASULPUR District- Saran ====================================================== Sanoj Kumar @ Sanoj Sharma, aged about 20 years (M), son of Budhan Sharma, Resident of Village- Rajendra Sarowar, P.S. Chapra Town, DistrictSaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-02-2019 Learned counsel for the petitioner is permitted to make necessary correction in para 3 of the petition with respect to correct and add section.

Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Rasulpur P.S. Case No. 133 of 2018 registered for the offences punishable under Sections 399, 402, 120(B) of the Indian Penal Code and Section 25(1-b), 26, 35 of Arms Act. Informant has alleged that on receiving secret information that some miscreants have assembled to commit some grave crime, he raided the place and 8 accused persons were apprehended and arms and ammunition were recovered

Patna High Court Cr.Misc. No.2559 of 2019(3) dt.21-02-2019 2/3 from their possession. It has been submitted that from possession of the petitioner one live cartridge and one mobile has been recovered.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner has been implicated in one more case after institution of this case as detailed in para 3 of the petition. Petitioner is in custody since 29.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran, in connection with Rasulpur P.S. Case No. 133 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be

Patna High Court Cr.Misc. No.2559 of 2019(3) dt.21-02-2019 3/3 cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T