Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32572 of 2025 Arising Out of PS. Case No.-383 Year-2024 Thana- RAGHOPUR District- Supaul ====================================================== Sumit Kumar S/O Satendra Mandal @ Satendra Kumar Mandal R/O Vill.- Ward no. 4, Diwanganj, P.s.- Pratapganj, Dist.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the State :

Mr. Jharkhandi Upadhyay, APP.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 310(2) of the Bharatiya Nyaya Sanhita and Section 25(1-B)(a)/35 of the Arms Act.

3. The allegation in the FIR is that five miscreants surrounded the informant and snatched Rs. 200/- and a mobile phone on gun point and upon hulla, one passerby chased them and two of the miscreants were apprehended on a motorcycle including the present petitioner and the cash of Rs. 200/- and the stolen mobile phone of the informant was recovered.

4. Learned counsel for the petitioner submits that the petitioner has been made an accused in the present case on account of some differences between the informant and the petitioner and a false case of snatching of mobile and cash has

Patna High Court CR. MISC. No.32572 of 2025(2) dt.21-05-2025 2/2 been attributed to him. It has been pointed out by learned counsel for the petitioner that the seizure list was prepared on 10.11.2024 between 2:30 PM and 3:00 PM, whereas the FIR was lodged subsequently at 04:00 PM. This creates serious doubt on the entire process of search and seizure. Further, it is submitted that charge sheet has already been submitted against the petitioner and he is in custody since 11.11.2024. It has been brought on record by way of supplementary affidavit that the petitioner is an accused in one other case in which he is on bail.

5. Learned APP for the State, however, opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Raghopur P.S. Case No. 383 of 2024.

7. However, the petitioner is directed to cooperate in the trial.

(Soni Shrivastava, J) divyanshi/- U T