Sumit Kumar @ Nanki @ Nanhki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15719 of 2020 Arising Out of PS. Case No.-628 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Sumit Kumar @ Nanki @ Nanhki S/o Sri Mukhtar Prasad R/o villageRanipur Rampurwa, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video confrencing. The petitioner has filed the instant application for grant of regular bail in connection with Bettiah Town P.S. Case No. 628 of 2019 registered for the offence under sections 414 and 34 of the Indian Penal Code and sections 25 (1-B)(a), 26 and 35 of the Arms Act.

As per allegation in the FIR, the motorcycle of the petitioner on being intercepted by the police, one loaded country made pistol with one cartridge were recovered from the petitioner. The petitioner also did not produce any document relating to the motorcycle.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.15719 of 2020(2) dt.01-06-2020 2/2 that by order dated 12.12.2019 (Annexure-1), the application for bail of the petitioner was rejected, giving him liberty to renew his prayer for bail once the charge has been framed in the case against the petitioner or he has remained in custody for six months. It is submitted that petitioner has remained in custody since 23.8.2019 i.e. for more than six months. The application for bail is opposed by the learned APP for the State.

Having heard learned counsel for the parties, taking into consideration the observation in the order dated 12-12-2019 and the petitioner having remained in custody since 23.8.2019, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bettiah Town P.S. Case No. 628 of 2019 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah.

(Partha Sarthy, J) sushma/- U