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Patna High CourtCR. MISC./10796/2023allowed

Sonu Kumar v. The State Of Bihar

2023-05-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10796 of 2023 Arising Out of PS. Case No.-226 Year-2022 Thana- KHAIRA District- Jamui ====================================================== SONU KUMAR S/o Ramdeo Yadav @ Gango Yadav R/o Village- Shivandih, P.S. and Distt- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 401, 414 of the IPC and Section 25(1-B)a, 26/35 of Arms Act. As per FIR, allegation against the petitioner along with co-accused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, one country made pistol along with live cartridges was recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.10796 of 2023(2) dt.04-05-2023 2/2 concern with the alleged arms which was seized by the police or with the co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 28.5.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khaira P.S. Case No. 226 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui.

(Sunil Kumar Panwar, J) Amandeep/- U T