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Patna High CourtCR. MISC./4872/2023allowed

Shekhar Suman @ Sikku @ Sikku Kumar v. The State Of Bihar

2023-04-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4872 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== SHEKHAR SUMAN @ SIKKU @ SIKKU KUMAR Son of Late Rambabu Mahto Resident of Village and P.S.- Sonbarsa, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act.

Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, one country made pistol along with two live cartridges were recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.4872 of 2023(2) dt.06-04-2023 2/2 falsely been implicated in this case by the police. The petitioner has neither concern with the alleged arms which was seized by the police nor with the co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 29.9.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonbarsa P.S. Case No. 342 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T