Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14136 of 2024 Arising Out of PS. Case No.-117 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Sandeep Kumar Son of Sanjay Kumar Singh Resident of VillageVrindawan/Brindawan Bindraban, Ward No. 01, Police Station Nowkothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Nowkothi P.S. case No. 117 of 2023, G.R. No. 3352 of 2023 instituted for the offences under Sections 399, 402, 120B of the Indian Penal Code and 25(1-AA), 25(1-b)a, 26, 35 of the Arms Act .

3. Prosecution case, in short, is that on the basis of secret information that some miscreants were planning to commit dacoity in bank, the police conducted raid in Dhunna Singh College. Seeing the police, six accused persons tried to flee away but three of them were apprehended. On search, two

Patna High Court CR. MISC. No.14136 of 2024(2) dt.07-03-2024 2/3 loaded country-made katta, one loaded country-made pistol, a magazine and 33 live cartridges have been recovered from the bag of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case due to high handedness of police. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the recovered arms and ammunitions. Charge-sheet has been submitted in this case. The petitioner has been implicated in the present case only because he is an eye-witness in Nowkothi P.S. Case No. 19 of 2022, in which his uncle was killed by the co-villagers. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.09.2023 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, fair antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.14136 of 2024(2) dt.07-03-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Nowkothi P.S. case No. 117 of 2023, G.R. No. 3352 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 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T