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Patna High CourtCR. MISC./30943/2025bail granted

Janu Kumar Sah @ Mangal Kumar @ Janu Sah v. The State Of Bihar

2025-05-08Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30943 of 2025 Arising Out of PS. Case No.-294 Year-2024 Thana- GARKHA District- Saran ====================================================== Janu Kumar Sah @ Mangal Kumar @ Janu Sah S/O Santosh Kumar Sah @ Santosh Sah R/O Village- Mani Sirsia, P.S- Amnour, Distt.- Saran (Chhapra), Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Garkha P.S. Case No. 294 of 2024, instituted for the offences punishable under Sections 399, 402 of the Indian Penal Code, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, police, on the basis of secret information that some miscreants were planning to commit dacoity, raided the place of occurrence and apprehended accused persons including this petitioner. It is further alleged that two country made pistol and three live cartridges have been recovered from the possession of coaccused persons.

Patna High Court CR. MISC. No.30943 of 2025(2) dt.08-05-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case as well as Charge has also been framed against the petitioner on 14.11.2024. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not arrested at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by coaccused person. The petitioner is in custody since 06.06.2024 and has got three criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 24.10.2024 passed in Cr. Misc. No. 76393 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.30943 of 2025(2) dt.08-05-2025 3/3 bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garkha P.S. Case No. 294 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T