Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11932 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== SUNNY KUMAR Son of Pramod Rai Resident of Village-Harpur, P.S. - Kathaiya, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kathiaya P.S. Case No. 258 of 2018, Sessions Trial No. 744 of 2018 registered for the offence punishable under Sections 25(1b), 26 and 35 of the Arms Act. The allegation is regarding recovery of one country made pistol and two live cartridges from the petitioner when he was apprehended, after the Police had raided the spot upon receiving information that some miscreants had assembled for committing crime.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is submitted that the petitioner is an accused in one other

Patna High Court CR. MISC. No.11932 of 2019(2) dt.26-02-2019 2/2 case but he is on bail in the said case. Lastly, it is submitted that the petitioner is languishing in custody since 22.09.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner, above named, on regular bail immediately upon completion of six months' custody i.e. with effect from 22.09.2018 and subject to such conditions as may be imposed by the learned court of learned 11th Additional Sessions Judge, Muzaffarpur in connection with Kathaiya P.S. Case No. 258 of 2018, Sessions Trial No. 744 of 2018.

With the aforesaid direction, the present bail petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U T