Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14424 of 2022 Arising Out of PS. Case No.-726 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Suraj Kumar S/O Shrinivas Prasad Yadav R/o village- Anand Sagar Gamhariya, P.S.- Palanawa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code Sections 25(1-b)a, 26, 35 and 25(1-aa) of the Arms Act.

The prosecution case, in short, is that informant along with other police personnel on getting secret information regarding six to seven accused persons are gathered to commit crime and they have huge quantity of arms and ammunition. Thereafter, police party conducted raid and arrested five persons

Patna High Court CR. MISC. No.14424 of 2022(2) dt.17-08-2022 2/2 and on search, several arms and ammunition were recovered from different accused persons. Further, it is alleged that two live cartridges were recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is an employee of a pharmaceutical company and he has been made scapegoat in this case due to dirty village politics. He further submits that the petitioner has been made accused only on the basis of suspicion. The petitioner is in custody since 17.12.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Town P.S. Case No. 726 of 2021. (Khatim Reza, J) Gaurav Kumar/- U T