Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36600 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Sonu Kumar Son of Sri Sitaram Sharma Resident of Kayasthtola Locoshed Ward No.- 33, P.S. and District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 01 of 2024 instituted for the offence under Sections 25(1-B)a, 26 & 35 of the Arms Act. 3.

Prosecution case in short is that there is recovery of one pistol from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-01-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.36600 of 2024(2) dt.16-05-2024 2/2 of the petitioner. Petitioner has no concern with the alleged recovered arms. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 01 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T