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Patna High CourtCR. MISC./16017/2021allowed

Suraj Beriwal v. The State Of Bihar

2021-03-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16017 of 2021 Arising Out of PS. Case No.-401 Year-2020 Thana- SIRDALA District- Nawada ====================================================== SURAJ BERIWAL Son of Vishanu Beriwal Resident of Village - Shivkatra House No.71A, Near Samhu Chakilal Bengalla, P.S.- Chakeri, Distt.- Kanpur (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of normal functioning of the court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25 (1-b)A, 26, 35 of the Arms Act.

On secret information that three boys of Kanpur were made captive in Narhat, police reached near a bridge of village Koldiha where he saw a van which was driving by a man and two persons were pushing it. On seeing the police, all the three

Patna High Court CR. MISC. No.16017 of 2021(2) dt.03-03-2021 2/2 persons started fleeing but they were caught hold and they disclosed their names as Sunny Yadav @ Golu, Kabir Verma @ Bobi and Suraj Berival (petitioner). On search, two live cartridges were recovered form the pocket of right pant of the petitioner. All the accused persons disclosed that they are ATM thieves and associates were captive them near a brick kiln and they were demanding Rs. 2,00,000/- from each of them. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that only two live cartridges were recovered from the possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 05.10.2020.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Nawada in connection with Sirdalla P.S. Case No. 401 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T