Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12543 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Sajan Kumar S/o Late Chandeswari Mehta R/o Vill - Gamail, P.S. - Biharigan, Dist. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bidhu Ranjan, Advocate For the State :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Purnia (Sadar) P.S. Case No. 49 of 2023 instituted for the offence under Sections 399 & 402 of the Indian Penal Code and Sections 25(1B), 26 & 35 of the Arms Act. 3.

Prosecution case in a nutshell is that there is recovery of one country made pistol and one mobile phone from the possession of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-10-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.12543 of 2024(2) dt.28-02-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet has already been submitted in this case. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 24-06-2023, passed in Cr. Misc. No. 36027 of 2023. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Purnia (Sadar) P.S. Case No. 49 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.12543 of 2024(2) dt.28-02-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T