Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15600 of 2024 Arising Out of PS. Case No.-201 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Sanjeet Kumar S/o Amir Yadav R/o vill - Mali, P.S. - Beldaur, Distt. - Khagaria (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sonbarsa-raj P.S Case No. 201 of 2023 registered for the offences punishable under Sections 25 (1-B)(a) 26/35 of the Arms Act.

3. As per prosecution case, one loaded country made pistol, one live cartridge recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. IIt is also submitted that petitioner is in judicial custody

Patna High Court CR. MISC. No.15600 of 2024(2) dt.12-03-2024 2/3 since 09.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saharsa in connection with Sonbarsa-raj P.S Case No. 201 of 2023.

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

Patna High Court CR. MISC. No.15600 of 2024(2) dt.12-03-2024 3/3 trial court till conclusion of the proceeding of framing of charge. Further, if the petitioner shall not appear before the learned trial court for two consecutive dates without valid reason, the bail bonds of the petitioner shall be cancelled by the learned Trial Court itself. (Ramesh Chand Malviya, J) Mayank/- U T