Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25300 of 2024 Arising Out of PS. Case No.-368 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Sandeep Kumar son of Sri Sunil Paswan @ Sunil Paswan Village- Chanda PsKoilwar Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sahpur P.S. Case No.368 of 2023 lodged under Section 414 of the I.P.C. read with sections 25(1-b)a/ 26 /35 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused persons against whom the recovery of one country made pistol and five live cartridges has alleged to be made from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is in custody since 13.08.2023 and there are four criminal cases pending against him, but in defense, he submits that in the present case, he has been apprehended and in

Patna High Court CR. MISC. No.25300 of 2024(3) dt.26-06-2024 2/3 rest cases, he was later on remanded.

5. Counsel also submits that the co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 05.03.2024 passed in Cr. Misc. No. 81918/2023.

6. Counsel further submits that supplementary affidavit has been filed in this case intimating that due to miscommunication, he has stated in the original bail application that he is on bail in all cases and this fact was not correct, therefore, he has filed supplementary affidavit in which he has stated that he is on bail in one case and in rest cases, he is persuading for bail.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur, Ara in connection with Sahpur P.S. Case No.368 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

8. However, the petitioner shall be granted bail only

Patna High Court CR. MISC. No.25300 of 2024(3) dt.26-06-2024 3/3 on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Udwantnagar P.S. Case No.290 of 2023.

ii. Sahpur P.S. Case No.344 of 2023.

iii. Ara Muffasil P.S. Case No.315 of 2023.

iv. Barhara P.S. Case no.422 of 2023 (Dr. Anshuman, J.) Prakashmani/- U T