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Patna High CourtCR. MISC./39711/2022bail granted

Suraj Kumar v. The State Of Bihar

2022-12-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39711 of 2022 Arising Out of PS. Case No.-905 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== SURAJ KUMAR S/O JAI RAM PASI @ RAMESH RAM Resident of Village- Bararhi Tola, Musai Tola, P.S.- Akorhigola, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act. The informant alleges that Ravi Kumar was apprehended from whose possession one country made pistol along with one live cartridge, a mobile and a motorcycle was recovered. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that name of the

Patna High Court CR. MISC. No.39711 of 2022(2) dt.07-12-2022 2/2 petitioner came in the confessional statement of Ravi Kumar in police custody which does not have any evidentiary value in the eye of law. It is next submitted that petitioner will cooperate in the investigation and will present himself as and when required by the Investigating Officer of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty 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 Sasaram Nagar P.S. Case No. 905 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. One of the bailors of the petitioner shall be the father, namely, Jai Ram Pasi @ Ramesh Ram.

(Satyavrat Verma, J) Kundan/- U T