Sunny Kumar Jha @ Sunni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31063 of 2021 Arising Out of PS. Case No.-166 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SUNNY KUMAR JHA @ SUNNI KUMAR S/O NAND KUMAR JHA R/O VILLAGE-SUBHAI (TULSI CHOWK), P.S.-HAJIPUR SADAR, DISTRICT-VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

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, on receiving information that the accused persons were making plan to give effect to an occurrence it is stated that a raid was conducted and various articles from different accused persons were recovered. From possession of the petitioner a loaded country made pistol and a live cartridge was recovered.

Patna High Court CR. MISC. No.31063 of 2021(2) dt.10-12-2021 2/2 It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner who has been falsely implicated in the case. He is in custody since 20.2.2021 and has no criminal antecedent. Charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and having remained in custody for more than 9 months, 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-Special Judge Excise Court, Vaishali at Hajipur.

(Partha Sarthy, J) Prakash/- U