Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39269 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Sudhir Kumar Son of Kanik Lal Mandal RESIDENT OF MOHALLASOHATA, WARD NO- 06, P.S.- CHHATAPUR, DISTT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chhatapur P.S. Case No. 328 of 2023 dated 10.09.2023, instituted for the offence punishable under Section 25(1-b) A/26 of the Arms Act.

3. The prosecution case, in short, is that on the date of occurrence the petitioner met with the informant near his house at the bridge and he started quarreling and abusing with the informant. When the informant objected to it then he also threatened him. After some time the accused went to the house of the informant with a country made pistol and when the informant threw a stick upon him, the pistol fell down from the hand of the accused and he ran away from the place of occurrence.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.39269 of 2024(2) dt.03-07-2024 2/2 petitioner is innocent and he has been falsely implicated in this case. From perusal of the F.I.R., it is apparent that the said pistol has not been recovered from the possession of the petitioner. The said pistol has been handed over to the police by the informant with an allegation that petitioner was holding the said pistol. Lastly, it has been submitted that he has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Chhatapur P.S. Case No. 328 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Supaul, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) prabhat/- U T