Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13166 of 2020 Arising Out of PS. Case No.-37 Year-2019 Thana- SAHARSA RAIL P.S District- Khagaria ====================================================== SINTU KUMAR Son of Dipnarayan Yadav Resident of Village - Dighiya, Ward No. 01, P.S.- Sadar, District - Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Jai Narain Thakur Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Shri Anil Kumar Chaudhary, learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saharsa Rail P.S. Case No. 37 of 2019 for the offence punishable under Section 414 of the Indian Penal Code and Section 25(1-B)a and 26 of the Arms Act.

The allegation is regarding the in informant and other police personnel having apprehended the petitioner and other miscreants and as far as the petitioner is concerned, one country made pistol and five live cartridges were recovered.

Patna High Court CR. MISC. No.13166 of 2020(3) dt.05-06-2020 2/2 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the petitioner is languishing in custody since 16.11.2019.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein as also the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released 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 Judicial Railway Magistrate, Khagaria in connection with Saharsa Rail P.S. Case No. 37 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T