Patna High CourtCR. MISC./13513/2025bail granted

Suraj Kumar v. The State Of Bihar

2025-03-19Mr. Justice Sourendra Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13513 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- SAMASTIPUR District- Samastipur ====================================================== Suraj Kumar S/O Vijay Das @ Vijay Kumar Das R/V- Bahadurpura, P.S.- Samstipur Town, District- Samstipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Advocate For the Opposite Party/s :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Samastipur (Town) P.S. Case No. 225 of 2024 registered for the offences under Section 309(6) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. According to the prosecution, the petitioner, who is an employee of the informant, had opened the back gate of the informant's shop and allowed three persons to enter the shop, who threatened the informant and even fired at another employee, Umesh Rai, who was undergoing treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely on suspicion. From perusal of the FIR it is evident

Patna High Court CR. MISC. No.13513 of 2025(2) dt.19-03-2025 2/2 that the informant has only raised a suspicion that it was the petitioner who had opened the door and had allowed three criminals to enter the shop. It is obvious that the informant was not an eye witness and nothing has been recovered from the possession of the petitioner. The petitioner has antecedent of two criminal cases in which he is on bail. The petitioner is in custody since 27.10.2024.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances of the case and submission made on behalf of the parties and that the petitioner is in custody since 27.10.2024, he is directed to be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur (Town) P.S.Case No. 225 of 2024.

(Sourendra Pandey, J) Prakash/- U