Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37754 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Sujeet Kumar Son of Shiv Paswan Resident of Village - Amritpur, P.S.- Vaishali, District - Vaishali, At present Resident of village - Sahdullahpur, P.S.- Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Vaishali P.S. Case No. 303 of 2023 lodged on 15.07.2023 for offences punishable under Section 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution story F.I.R has been lodged against 11 named accused persons with an allegation that all the persons were involved in committing loot and four country made pistol with cartridges have been recovered from their possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further

Patna High Court CR. MISC. No.37754 of 2024(4) dt.28-08-2024 2/2 submits that petitioner has one criminal antecedent. He further submits that petitioner has not been apprehended from the place of occurrence neither anything has been recovered from the possession of the petitioner. He submits that on the date of filing of the F.I.R., petitioner's criminal antecedent was clean but during the investigation one criminal case has been figured for which he has filed supplementary affidavit indicating his criminal antecedent.

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

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest of surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali subject to the condition as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U