Sumit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29873 of 2025 Arising Out of PS. Case No.-807 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sumit Kumar Singh S/o- Manoj Singh, Resident of Village- Kalara MohTawahara PS- Katara Dist- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Sinha For the Opposite Party/s :
Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Sadar Hajipur P.S. Case No. 807/2024 registered for the offences punishable under Sections 25(1-b)a, 26/35 of the Arms Act.
3. As per prosecution case, there is alleged recovery of one loaded country made pistol from the possession of co-accused Ajeet Kumar @ Banshi and one live cartridge is also recovered from the possession of other co-accused Kunal Kumar and the apprehended co-accused disclosed the name of the petitioner who fled away from the place of occurrence.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.29873 of 2025(2) dt.15-05-2025 2/3 in the FIR. Except disclosure of apprehended co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. He further submits that the petitioner bears no criminal antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner is not in any way connected with the alleged occurrence. He further submits that on 02.11.2024 mother of the petitioner gave an application to the S.P. Vaishali at Hajipur with regard to previous dispute with co-accused Ajeet Kumar @ Banshi Lal and true copy of the same is annexed as Annexure-2 of the present bail petition. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the aforesaid Sections.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be
Patna High Court CR. MISC. No.29873 of 2025(2) dt.15-05-2025 3/3 released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of learned Chief Judicial Magistrate-Hajipur, Vaishali in connection with Sadar Hajipur P.S. Case No. 807/2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J) amitkumar/- U T