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Patna High CourtCR. MISC./30541/2023allowed

Sonu Kumar v. The State Of Bihar

2023-06-13Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30541 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== Sonu Kumar, aged about 21 years, Male Son of Sanchit Ram @ Sanjit Ram, Resident of Village- Alamnagar, Main Bazar, Ward No. 07, P.S.-Alamnagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Alamnagar P.S. Case No. 263 of 2022 dated 28.10.2022 registered for the offence punishable under Sections 25 (1-B) a and 26 of the Arms Act.

The allegation against the petitioner is that a country made pistol and two live-cartridge have been recovered from the conscious possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence has been falsely implicated in this case. Charge-sheet has already

Patna High Court CR. MISC. No.30541 of 2023(2) dt.13-06-2023 2/3 been submitted and there is no chance of absconding of the petitioner or tampering with the evidence. Petitioner is in jail custody since 29.10.2022, and has no criminal antecedent. Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., Udakishunganj, Madhepura in connection with Alamnagar P.S. Case No. 263 of 2022, subject to the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court.

(ii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (iii) If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to

Patna High Court CR. MISC. No.30541 of 2023(2) dt.13-06-2023 3/3 move for cancellation of bail.

(Sunil Dutta Mishra, J) Anand Kr.

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