Saroj Kumar @ Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43252 of 2021 Arising Out of PS. Case No.-160 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== SAROJ KUMAR @ SANOJ KUMAR son of Ram Ayodhya Rai Resident of Village - Tikuliya, P.S. - Adapur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2022 Heard.

The petitioner seeks regular bail in connection with Ghorasahan (Jitna) P.S. Case No. 160 of 2021, registered for the offence punishable under Sections 25(1-B), a, 26, 35 of the Arms Act.

The allegation is regarding the police having received secret information that two miscreants who had looted the employee of Bharat Macro Finance company on 27.4.2021, were standing near Tiyar bridge, situated near Nepal Border, whereafter the police had apprehended the said miscreants and a search was made. As far as the petitioner is concerned, one live cartridge and a sum of Rs. 5100/- is stated to have been recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 6.5.2021. The learned counsel for the

Patna High Court CR. MISC. No.43252 of 2021(2) dt.10-01-2022 2/2 petitioner has further submitted that though the petitioner is accused in five other cases lodged against him under the provisions of the Bihar Prohibition and Excise Act, 2016, but he is on bail in the said five cases.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration, I deem fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka East Champaran in connection with Ghorasahan (Jitna) P.S. Case No. 160 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T