Hari Mohan Kumar @ Hari Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21316 of 2021 Arising Out of PS. Case No.-645 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== HARI MOHAN KUMAR @ HARI MOHAN SINGH SON OF VIJAY SINGH R/O VILLAGE- RAMDIRI WARD NO.4 (TOLA- RAM NAGAR), P.S.- MATIHANI, DISTRICT- BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Begusarai Muffasil P.S. Case no. 645 of 2020 registered for the offence punishable under sections 379, 411, 414, 120B, 401/34 of the Indian Penal Code read with sections 25(I-B)a, 26(ii) and 35 of the Arms Act. Learned counsel for the petitioner at the outset submits that petitioner is person with clean antecedent and he is in custody since 19.12.2020 and charge sheet has been submitted. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant has alleged that he got secret information regarding illegal possession of arms and that article was kept in the house

Patna High Court CR. MISC. No.21316 of 2021(2) dt.16-11-2021 2/3 of Suraj Kumar. On getting the said information, he along with police personals raided the house of Suraj Kumar where he saw three motorcycles standing there and sound of several people were coming from the house of Suraj Kumar. Seeing the police some persons tried to flee but they were apprehended and on interrogation, they disclosed their names as Suraj Kumar @ Suraj Kumar Singh, Gopal Kumar and Hari Mohan Kumar and on search, one country made loaded pistol was recovered from the waist of Suraj Kumar. Motorcycle was recovered from the place along with three mobile phones. Further, it is alleged that one Basdeo Das came who disclosed that his motorcycle was snatched and he was threatened by Suraj Kumar not to lodge the case.

Learned counsel for the petitioner further submits that motorcycle which was recovered belongs to mother of the petitioner as detailed in para 11 of the petition and mobile which is said to be seized belongs to him.

Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is in jail custody since 19.12.2020, charge sheet has been submitted, seized motorcycle belongs to mother of the petitioner and seized mobile belongs to the petitioner, petitioner is directed to be

Patna High Court CR. MISC. No.21316 of 2021(2) dt.16-11-2021 3/3 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 the Chief Judicial Magistrate, Begusarai in Begusarai Muffasil P.S. Case no. 645 of 2020 . (Satyavrat Verma, J) s.hassan/- U T