Sujit Kumar @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19724 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== Sujit Kumar @ Sujeet Kumar S/O Opi Yadav @ Upendra Yadav R/O Village - Hussaina, P.S. - Medni Chowki, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Suryagarha P.S. Case No. 268 of 2023 instituted for the offences under Sections 25(1-b)A, 26(i) of the Arms Act.

3. As per prosecution case, the police on receipt of secret information, intercepted one horse rider and who, on query, disclosed his name as Sujit Kumar, the petitioner. When the police tried to arrest him he succeeded to flee away from there after throwing a country made pistol and Bindolia.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.19724 of 2024(2) dt.18-03-2024 2/3 There is no specific allegation of any overt act against the petitioner rather the same is general and omnibus and far from truth. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized article. The petitioner has altogether nine criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 10.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Suryagarha P.S. Case No. 268 of 2023, subject to the conditions that; (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.19724 of 2024(2) dt.18-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) rishi/- U T