Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38665 of 2021 Arising Out of PS. Case No.-146 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== SONU KUMAR Son of Kailash Mahto @ Kelu Mahto Resident of Village - Manikpur, Police Station - Manikpur (Suryagadha), District - Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 146 of 2021 instituted for the offences under Sections 25(1-b)A, 26(i)(ii) and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.03.2021, is a person with clean antecedent and charge-sheet has been submitted in this case. The allegation as alleged in the FIR is that on secret information the informant raided the place of occurrence and apprehended named accused persons including the petitioner and from possession of the petitioner nothing was recovered,

Patna High Court CR. MISC. No.38665 of 2021(2) dt.11-01-2022 2/2 though recovery of arms and cartridges were made from other accused persons as detailed in the FIR.

Learned counsel for the petitioner submits that admittedly from the FIR, it is evident that nothing was recovered from possession of the petitioner and the petitioner came to be falsely implicated merely because he was found in the company of other accused persons.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.03.2021, charge-sheet has been submitted in this case, the petitioner is a person with clean antecedent and nothing was recovered from possession of the petitioner let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 146 of 2021.

(Satyavrat Verma, J) Kundan/- U T