Patna High CourtCR. MISC./1231/2020bail granted

Sumit Kumar v. The State Of Bihar

2020-01-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1231 of 2020 Arising Out of PS. Case No.-783 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== SUMIT KUMAR Son of Sunil Yadav Resident of Village - Loha ka Pul Mansaram Ka Akhara, P.S.- Mehandiganj, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Hajipur Town P.S. Case No. 783 of 2019, G.R. No. 4884 of 2019 for the offence punishable under Sections 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

The allegation is regarding the police having intercepted one tempo and arrested three miscreants including the petitioner herein and as far as the co-accused person namely, Rousan Kumar is concerned, one country made pistol was recovered, however, no arms are stated to have been recovered from this petitioner.

The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.1231 of 2020(2) dt.17-01-2020 2/2 that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 29.08.2019. Having regard to the facts and circumstances of the case and considering the submissions advanced by the learned counsel for the petitioner, coupled with the fact that no illegal arms have been recovered from the possession of the petitioner, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali (Hajipur) in connection with Hajipur Town P.S. Case No. 783 of 2019, G.R. No. 4884 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T