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Patna High CourtCR. MISC./29025/2021bail granted

Suraj Kumar v. The State Of Bihar

2021-12-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29025 of 2021 Arising Out of PS. Case No.-166 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SURAJ KUMAR Son of Madan Patel Resident of Village - Subhai Ranjila Chowk, P.S.- Hajipur Sadar, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, a magazine of a country made pistol is stated to have been recovered from the possession of this petitioner while other articles were recovered from the possession of the other accused persons. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the

Patna High Court CR. MISC. No.29025 of 2021(2) dt.10-12-2021 2/2 case. He is in custody since 20.2.2021 and has no criminal antecedent. Charge sheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 9 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Hajipur Sadar P.S. Case no. 166 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II-cum-Excise Act, Vaishali. (Partha Sarthy, J) Bibhash/- U