Sanjay Kumar Sah @ Sanjay Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33913 of 2023 Arising Out of PS. Case No.-204 Year-2022 Thana- SANGRAMPUR District- Munger ====================================================== Sanjay Kumar Sah @ Sanjay Kumar Gupta S/O Of Rajkishor Sah Resident Of Village- Mokbira, P.S.- Kasim Bazar, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Sangrampur (Tetiyabamber O.P.) P.S. Case No. 204 of 2022, registered for the offences punishable under Sections 25(1-A), 25(1-AA), 25(1-b)a, 26 (i) (ii) and 35 of the Arms Act. As per the prosecution case, on secret information, the police on search found a mini gun factory in the basement of the house of the co-accused Surendra Mandal where a huge quantity of semi manufactured pistols, other semi manufactured parts of weapons and equipment used in manufacturing of arms were recovered and the petitioner alongwith other co-accused persons present in suspicious position were arrested at the spot. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33913 of 2023(2) dt.24-06-2023 2/3 petitioner is innocent and has falsely been implicated in this case. He was arrested when he went to meet his relative and there is no recovery from the petitioner. The charge-sheet has already been filed. Learned counsel for the petitioner further submits that similarly situated co-accused Surendra Mandal has been granted regular bail vide order dated 24.05.2023 in Criminal Misc. No. 26162 of 2023. The allegation against the petitioner is general and omnibus. Petitioner has no criminal antecedent and is in jail custody since 06.08.2022. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
Considering the facts and circumstances of the case let the petitioner, above named, 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 learned Judicial Magistrate First Class in connection with Sangrampur (Tetiyabamber O.P.) P.S. Case No. 204 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
Patna High Court CR. MISC. No.33913 of 2023(2) dt.24-06-2023 3/3 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 move for cancellation of bail.
(Sunil Dutta Mishra, J) ashutosh/- U T