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Patna High CourtCR. MISC./19893/2021allowed

Suraj Kumar v. The State Of Bihar

2021-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19893 of 2021 Arising Out of PS. Case No.-225 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== SURAJ KUMAR (Male), aged about 25 years, Son of Mahendra Sahni, Resident of Village Mahipura, P.S. Jandaha, District Vaishali at Hazipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code as well as under Sections 25(1-b)a/26/35 of the Arms Act.

As per the prosecution case, one loaded country made pistol and one cartridge were recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.19893 of 2021(2) dt.31-08-2021 2/2 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The police is said to have recovered one loaded country made pistol and one cartridge from possession of the petitioner. The petitioner is in custody since 01.12.2020. The petitioner has got no criminal antecedent as stated in para 3 of the bail petition. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order passed in Cr. Misc. No.20272 of 2021 on 13.07.2021.

The learned APP vehemently opposed the prayer for bail of the petitioner.

Having considered the facts and circumstances, let petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned court below/successor court where the case is pending in connection with Jandaha P.S. Case No.225 of 2020. (Anjani Kumar Sharan, J) S.KUMAR/- U T