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Patna High CourtCR. MISC./42082/2023allowed

Sonu Kumar v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42082 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Sonu Kumar Son Of Bigu Singh Resident Of Village - Bahilwara, Bhual Dakshini, P.S. - Saraiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 20, 22 of the N.D.P.S. Act.

The allegation in the F.I.R is that on secret information, the police tried to apprehend four persons but two of them managed to flee away but other two persons were apprehended who disclosed the name of

Patna High Court CR. MISC. No.42082 of 2023(2) dt.21-07-2023 2/3 the petitioner as one of his associates who fled away from the place of raid.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot and only on the basis of confessional statement of apprehended co-accused Golu Kumar and Pankaj Kumar Thakur, the petitioner has been roped in the present case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the apprehended accused persons. The petitioner has been arrested in Saraiya P.S. Case No. 234 of 2022 on 18.04.2022 and remanded in the present case on 18.05.2022 and since then he is in judicial custody. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.42082 of 2023(2) dt.21-07-2023 3/3 each to the satisfaction of learned Additional Sessions Judge, 1st, Muzaffarpur in connection with Sariya P.S. Case No. 16 of 2022 (N.D.P.S. Case No. 134/22). (Sunil Kumar Panwar, J) Shageer/- U T