Suraj Kumar @ Suraj Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31135 of 2021 Arising Out of PS. Case No.-84 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== Suraj Kumar @ Suraj Kumar Baitha S/o Sri Moti Baitha R/o villageKumarbag Chowk, P.S.- Chanpatia (Kumarbag O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 84 of 2021 dated 28.01.2021 instituted for the offences under Sections 413 and 414 of the Indian Penal Code read with Sections 25(1-b) (a), 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 29.01.2021, charge-sheet has been submitted in the case and he has got one criminal antecedent as mentioned in paragraph '3'.

Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would

Patna High Court CR. MISC. No.31135 of 2021(2) dt.25-11-2021 2/2 manifest that informant alleges that from this petitioner only one live cartridge was recovered.

Learned counsel for the petitioner submits that cartridge without a gun is useless as such the police has falsely implicated the petitioner in the present case. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 29.01.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah Muffasil (Manuapul) P.S. Case No. 84 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T