Sudhanshu Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19281 of 2024 Arising Out of PS. Case No.-883 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Sudhanshu Kumar Rai S/o Balendra Rai (Adopted by Late Paras Rai), R/o Village- Dhankutwa, Ward No. 4, P.S.- Shikarpur, Distric- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Shikarpur P.S. Case No. 883 of 2023, registered for the offences punishable under Sections 25(1-b)A, 26 of Arms Act,

3. As per allegation, on the basis of a written report regarding a viral social media post in which the petitioner was demonstrating weapons, the police investigated and from the house of the petitioner 2 pistols and 3 cartridges were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated. He has already suffered incarceration of 7 months and he is a person of clean antecedent.

5. On the other hand, learned APP, Mr. Shailendra Kumar has opposed the prayer for bail and submitted that in several

Patna High Court CR. MISC. No.19281 of 2024(3) dt.01-07-2024 2/2 paragraphs of case diary the witnesses have supported the occurrence and there is recovery of 2 pistols and 3 cartridges from the house of the petitioner.

6. Considering the above-mentioned facts and circumstances as well as the period of detention and clean antecedent of the petitioner, let him, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 883 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T