Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32641 of 2020 Arising Out of PS. Case No.-443 Year-2020 Thana- DANAPUR District- Patna ====================================================== SURAJ KUMAR S/o Sanjeet Kumar @ Sanjeev Kumar Resident of MohallaBatthipar, P.S.-Danapur, District-Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 25 (1-b)a/26/35 of the Arms Act.

Acting on a tip-off, informant along with the police force proceeded and caught three persons near Arya Samaj Mandir, Danapur and on search one country made pistol with two live cartridges was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather

Patna High Court CR. MISC. No.32641 of 2020(3) dt.19-01-2021 2/2 general and omnibus in nature. It is further submitted that the seizure has not been prepared in terms of Section 100 of the Cr.P.C. and no independent witness has come forward to support the prosecution case. The petitioner has been languishing in custody since 09.08.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, after completion of six months in custody, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Danapur in connection with Danapur P.S. Case No.443 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T