Patna High CourtCR. MISC./14482/2024bail granted

Sonu Kumar v. The State Of Bihar

2024-03-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14482 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- MUSAHARI District- Muzaffarpur ====================================================== SONU KUMAR S/O SHANKAR SAHNI R/O VILLAGE- CHOTI KOTHIYA, ROHUA RAJARAM, P.S- MUSHAHRI, DISTRICT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Mushahri P.S. Case no. 289 of 2023, registered under sections 411, 414 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, a loaded country made pistol, a mobile phone and Rs.1,000/- in cash were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case. It is for this reason that although the seizure list was prepared on

Patna High Court CR. MISC. No.14482 of 2024(2) dt.12-03-2024 2/2 4.10.2023, the same contains the FIR number and other details though the FIR was registered on 5.10.2023. The petitioner is in custody since 4.10.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, his being in custody for 5 months since 4.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Mushahri P.S Case no.289 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Court no.-12, Muzaffarpur (East), District- Muzaffarpur. (Partha Sarthy, J) Shiv/- U