Patna High CourtCR. MISC./15362/2024bail granted

Satyam Kumar v. The State Of Bihar

2024-03-18Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15362 of 2024 Arising Out of PS. Case No.-658 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Satyam Kumar, Male, aged about 20 years, Son of Agarjit Sah, Resident of Village- Kanchanpur Kachra Ward No. 11 P.S. Saur Bazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saharsa Sadar PS Case No. 658 of 2023 instituted for the offences punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one live cartridge and a mobile has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to dirty village politics. It has further been submitted that the petitioner has never

Patna High Court CR. MISC. No.15362 of 2024(2) dt.18-03-2024 2/3 committed this type of occurrence and no any recovery has been made but they are implicated in this case by the police at the behest of rivalry. Petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 20.09.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and the impugned order of the learned Sessions Judge, Saharsa dated 21.12.2023, it appears that there is no any independent witness of the seizure list and the period of custody, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar PS Case No. 658 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on

Patna High Court CR. MISC. No.15362 of 2024(2) dt.18-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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