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Patna High CourtCR. MISC./26402/2025bail granted

Sujit Kumar v. The State Of Bihar

2025-07-30Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26402 of 2025 Arising Out of PS. Case No.-333 Year-2024 Thana- BARARI District- Katihar ====================================================== Sujit Kumar S/o Ranjit Ram R/o Vill- Chhoti Kajra, P.S.- Barari, DisttKatihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Barari P.S. Case No. 333 of 2024, instituted for the offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023, later on Section 317(3) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)(a), 26, 27 and 35 of the Arms Act was added.

3. The prosecution case, in short, is that six miscreants chased the informant, fired upon him and snatched Rs. 65,169/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.26402 of 2025(4) dt.30-07-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Reezaul Ansari and the same has got no evidentiary value. It is further submitted that no any looted article has been recovered from the possession of the petitioner rather one country made pistol, three live cartridges and Rs. 5200/- was recovered from the house of the petitioner. The petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 30.11.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barari P.S. Case No.

Patna High Court CR. MISC. No.26402 of 2025(4) dt.30-07-2025 3/3 333 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T