Sunil Kumar @ Lal Bahadur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27553 of 2022 Arising Out of PS. Case No.-382 Year-2021 Thana- RAJGIR District- Nalanda ====================================================== Sunil Kumar @ Lal Bahadur Son Of Jhopari Mahto Resident Of VillageNenand , P.S- Silao, Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State through virtual court proceedings.

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

The petitioner seeks bail in connection with Rajgir P.S. Case No. 382 of 2021 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 16.11.2021.

The allegation against the petitioner is to deal in business of illegal firearms and ammunitions. Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of disclosure made by apprehended co-accused persons and in furtherance thereof, nothing surfaced during course of

Patna High Court CR. MISC. No.27553 of 2022(2) dt.02-09-2022 2/2 investigation to connect this petitioner with alleged recovery of cartridges. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded that there is no recovery of fire-arms from physical possession of the petitioner, as per seizure list. Considering the facts and circumstances as mentioned above, as no firearms/live cartridges, as alleged, were recovered from physical possession of the petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rajgir P.S. Case No. 382 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 learned Chief Judicial Magistrate, Nalanda (Biharsharif)/concerned court, subject to the following conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T