Patna High CourtCR. MISC./25208/2023bail granted

Satyam Kumar Kushwaha v. The State Of Bihar

2023-05-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25208 of 2023 Arising Out of PS. Case No.-327 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Satyam Kumar Kushwaha Son Of Gautam Mahto @ Gautam Kumar Sahil Resident Of Village - Nandwara, P.S. - Bairgania, Distt. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar For the Opposite Party/s :

Mr. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bairgania P.S. Case No. 327 of 2022 registered for the offence under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

The prosecution story in short is that on 10.11.2022, the informant along-with other police personnel went for patrolling and at about 17:20 PM, when the informant reached on Sainik Road, which was under construction, there were five persons standing there and seeing the police force, all the five persons try to flee away but on chase, three persons were

Patna High Court CR. MISC. No.25208 of 2023(2) dt.23-05-2023 2/2 apprehended namely Satyendra Thakur, Satyam Kumar Kushwaha and Prabodhan Thakur. On search, one loaded pistol and two live cartridges have been recovered from the possession of Satyendra Thakur.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.11.2022 and the petitioner is quite innocent and he has been falsely been implicated in this case.

Learned A.P.P. has vehemently opposed the prayer for bail.

Considering the period of custody, this application for regular bail is allowed.

Let the petitioner, above named, be released on bail after framing of charge if the charge is not framed yet and on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi/concerned Court below in connection with Bairgania P.S. Case No. 327 of 2022.

(Sandeep Kumar, J) Shishir/- U T