Sumit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10838 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- LAKHNAUR District- Madhubani ====================================================== SUMIT SINGH Son of Hari Singh Resident of Village - Lakhanpur, P.s.- Lakhanaur, Distt.- Madhubani.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Lakhnaur P.S. Case No. 02 of 2022, registered for the offence under Sections 272, 273/34 of the Indian Penal Code and Section 25(1-b)/26/35 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 13.01.2022.

The allegation against the accused/petitioner to have in illegal possession of one country made katta along with 20.7 litres of illicit liquor which has been recovered from the tempo of co-accused persons.

Patna High Court CR. MISC. No.10838 of 2022(2) dt.13-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the name of the petitioner has been disclosed by the co-accused Manish Kumar. It has been submitted that there is no recovery of illicit liquor from the possession of the petitioner and also submitted that petitioner involved in one more case of similar nature. While concluding the argument, it is submitted that charge-sheet has already been submitted in this case, and as such, there is no chance of tampering of evidence. Learned APP while opposing the prayer for bail fairly conceded the fact that except one mobile nothing has been recovered from the conscious possession of the petitioner.

Considering the facts and circumstances as mentioned above, nothing incriminating material has been recovered from the conscious possession of this petitioner, coupled with the fact that the charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Lakhnaur P.S. Case No. 02 of 2022, (G.R. No. 1/2022), on furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.

Patna High Court CR. MISC. No.10838 of 2022(2) dt.13-06-2022 3/3 similar nature of offence till the conclusion of trial, failing the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner. (ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial.

(iii) That one of the bailors shall be the deponent of the present bail petition, who is Hari Singh, father of the accused/petitioner.

(Chandra Shekhar Jha, J) Ranjeet/- U T