Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8626 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== Santosh Kumar Son of Sonalal Rai @ Sonalal Ray Resident of VillageGodhiya Haraj, Ward No. 10, P.S.- Chiraiya, Sikarganj, District East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Pakridayal P.S. Case No. 213 of 2023 dated 08.10.2023 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that on 08.10.2023 at about 14.05 hrs, after getting secret informant, the informant along with his team reached at the way of village Thikha. After some times, two riders have been seen coming on red colour motorcycle and the police signaled them to stop, but both the riders started fleeing away. On chase, the petitioner has been apprehended with motorcycle bearing Registration no. BR 05AV 5936, and pillion rider managed to escape away. On

Patna High Court CR. MISC. No.8626 of 2024(3) dt.22-05-2024 2/2 search, two country made loaded pistol, three live cartridges and one mobile phone have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Except for the mobile phone and the motorcycle of the petitioner which was seized because of scuffle of the petitioner with police during checking on the road, nothing incriminating article has been seized from the petitioner. He is in custody since 09.10.2023. The petitioner has clean antecedent.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, in connection with Pakridayal P.S. Case No. 213 of 2023.

7. The application stands allowed.

(Khatim Reza, J) Prakash/- U