Sumeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13305 of 2020 Arising Out of PS. Case No.-416 Year-2019 Thana- SONEPUR District- Saran ====================================================== Sumeet Kumar Son of Raju Rai @ Raju Kumar Resident of Bhinnik Tola, P.S.- Sonepur, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr.Adv.

Mr. Diwakar Upadhyaya Ms. Preety Kunwar For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

05-03-2020 Heard learned counsel for the parties.

The petitioner apprehends his arrest in Sonepur P.S. Case No. 416 of 2019 registered for the offence under Section 414 of the Indian Penal Code and Sections 25(1-b)A, 25 of the Arms Act.

As per F.I.R., police apprehended two persons namely Awinash Kumar and Mayank Kumar and from their possession, one loaded country-made pistol with two live cartridge of .315 Bore were recovered and they disclosed the name of petitioner and one Jitendra Kumar, who managed to flee away from the spot.

It is submitted on behalf of petitioner that petitioner has been named in this case on the basis of confessional statement of co-accused, who were apprehended. So far as

Patna High Court CR. MISC. No.13305 of 2020(2) dt.05-03-2020 2/2 petitioner is concerned, no recovery has been shown from his possession. Nor there is any material to show complicity of the petitioner.

Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned A.C.J.M. - VI, Chapra or successor court in connection with Sonepur P.S. Case No. 416 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T