Suresh Ram @ Sulabh Kumar @ Shubham Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37053 of 2023 Arising Out of PS. Case No.-285 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== Suresh Ram @ Sulabh Kumar @ Shubham Kumar S/O Late Jagdeo Ram Resident Of Vilage- Fatepur, P.S. Tariyani, District- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-B) a, 26, 25(1-A), 25(1-AA), 25(1-AAA), 35 of the Arms Act, Section 3/ 4 of the Exclusive Substance Act and Sections 16, 17, 18, 19, 20, 21 of the U.A.P Act.
As per the prosecution case, the informant got secret information that one group of Naxalities were convening meeting. On such, the police went there and the people assembled there escaped away except one
Patna High Court CR. MISC. No.37053 of 2023(5) dt.18-10-2023 2/3 Om Prakash Paswan who was apprehended by the police and he disclosed the name of the other participants. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended person or the Naxalities organization. The petitioner is languishing in custody since 09.12.2022. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 02.09.2022 passed in Cr. Misc. No. 33171 of 2022. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-
Patna High Court CR. MISC. No.37053 of 2023(5) dt.18-10-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Muzaffarpur in connection with Saraiya P.S. Case No. 285 of 2017.
(Sunil Kumar Panwar, J) Shageer/- U T