Patna High CourtCR. MISC./8561/2023bail granted

Shyam Kumar v. The State Of Bihar

2023-04-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8561 of 2023 Arising Out of PS. Case No.-412 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Shyam Kumar, Son Of Naveen Kunwar @ Navin Singh @ Feko Singh R/O Village- Gokhlenagar Bishanpur, P.S.- Balia, District- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 385, 427 of the Indian Penal Code and Sections 25(1-b)a, 26, 35, 27 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner is in custody since 05.08.2022 and has antecedent of one case and the informant alleges that he received secret information that 5-6 accused persons are planning to give rise to an occurrence. Accordingly, the informant reached the place of occurrence and there they saw 5-6 persons were standing and on seeing the police, they started fleeing, but two accused persons were arrested, who disclosed their names as Sanjiv Kumar and Saurav Kumar.

Patna High Court CR. MISC. No.8561 of 2023(2) dt.29-04-2023 2/2

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is next submitted that his name transpired in the confessional statement of coaccused which does not have any evidentiary value. It is also submitted that petitioner will not abscond and will cooperate in the trial.

5. Learned A.P.P. opposes the bail application.

6. Considering the submission made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Nagar P. S. Case No.412 of 2022.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T