Sunny Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35814 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== SUNNY BHARTI S/O PRAVEEN BHARTI R/O WARD NO 4 PABRA, P.O MANJHAUL, P.S-MANJHAUL, BEGUSARAI , BIHAR.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saurabh Bishwambhar For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Bakhtiyarpur Police Station Case No. 182 of 2020, registered for the offence punishable under Sections 399/402/411/412/ 414/420/467/468/471 of the Indian Penal Code and Sections 25(1B)a/26/35 of the Arms Act.
The prosecution case, as per the First Information Report, is that the police, on the basis of secret information, arrived at the place of occurrence and upon seeing the police party, the accused persons, assembled near the scorpio vehicle, started fleeing away, however, the police arrested four miscreants and from the possession of the petitioner, two live cartridges has been recovered.
Patna High Court CR. MISC. No.35814 of 2021(3) dt.24-03-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated by the police with oblique motive. He further submits that the petitioner has been remanded in six other criminal cases after his arrest in the present case. He further submits that co-accused persons, namely, Chandu Kumar and Arvind Kumar, have been granted bail by co-ordinate Bench of this Court, vide orders, passed in Criminal Misc. Nos. 39461 and 39595 of 2020. He further submits that the petitioner is in custody since 03.08.2020 and charge sheet has been submitted against him and as such, there is no apprehension that the petitioner will abscond and/or tamper with the evidence.
Regards being had to the submission advanced on behalf of the parties and taking into consideration the material available on record and the fact that similarly situated coaccused persons have been granted bail by co-ordinate Bench of this Court, charge sheet has already been submitted and the petitioner is in custody since 03.08.2020, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.35814 of 2021(3) dt.24-03-2022 3/3 bail, upon furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge, Barh, Patna, in connection with Bakhtiyarpur Police Station Case No. 182 of 2020.
This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √