Sohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6455 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- BARIYARPUR District- Munger ====================================================== Sohan Kumar S/O TEJNARAYAN MANDAL VILLAGE/MUHALLAMATHURAPUR (ATHGAUN), PS. NATH NAGAR, DIST. BHAGALPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bariarpur P.S. Case No.154 of 2023 registered for the offence under Sections 25(1-b)a, 26(i)(ii) and 35 of the Arms Act. 3.

As per FIR, there is recovery of four empty magazines and a mobile set from the possession of the petitioner.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.6455 of 2024(2) dt.17-02-2024 2/3 implicated in the present case. It is also submitted that nothing incriminating article was recovered from conscious physical possession of this petitioner, which may connect this petitioner, with the present set of occurrence. It is further submitted that the petitioner is a man of clean antecedent and he is in custody since 26.08.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of charge, in connection with Bariarpur P.S. Case No.154 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Munger. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of one month from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bonds with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.6455 of 2024(2) dt.17-02-2024 3/3 date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T