Patna High CourtCR. MISC./7986/2024allowed

Sandeep Kumar v. The State Of Bihar

2024-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7986 of 2024 Arising Out of PS. Case No.-588 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Sandeep Kumar S/o Vikram Sah R/o Village- Raghunathpur, Ward No. 27, P.S.- Turkauliya (Raghunathpur), District - East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

There is recovery of one loaded country made pistol and one live cartridge from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.7986 of 2024(2) dt.17-02-2024 2/2 from the conscious possession of the petitioner. The petitioner has no concern with the seized arms. The petitioner is languishing in custody since 07.10.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sadar, Motihari, East Champaran in connection with Harsidhi P.S. Case No. 588 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T