Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14076 of 2023 Arising Out of PS. Case No.-514 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== Saurav Kumar S/O Surendra Das Resident of Village- Konipar Nanakpura, Onipa, P.S.- Suryagraha, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-04-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

Petitioner seeks regular bail in connection with Shastrinagar P.S. Case No. 514 of 2022 dated 21.08.2022 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of Arms Act.

3.

The main submissions advanced by learned counsel for petitioner are that as per the prosecution's allegation one loaded pistol is stated to have been recovered from the possession of co-accused Mohit Kumar Dutta who has been granted bail by a co-ordinate bench of the Court vide order passed in Cr. Misc. No. 6060 of 2023, though the petitioner was arrested at the spot but from his possession only one live cartridge is stated to have been recovered and except this there is no other allegation against the petitioner and against him the investigation has been

Patna High Court CR. MISC. No.14076 of 2023(2) dt.29-04-2023 2/2 completed and his case is on better footing from the said coaccused Mohit Kumar Dutta who is on bail. 4.

Learned APP for the State has opposed the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the privilege of bail having been granted to the co-accused Mohit Kumar Dutta and petitioner's case appears to be on better footing from the said co-accused and against him the investigation has been completed and as per the prosecution only one live cartridge is stated to have been recovered from his possession, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Shastrinagar P.S. Case No. 514 of 2022.

(Shailendra Singh, J) Shahnawaz/- U T