Patna High CourtCR. MISC./34006/2020bail granted

Sajan Kumar v. The State Of Bihar

2020-12-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34006 of 2020 Arising Out of PS. Case No.-368 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== SAJAN KUMAR S/o Late Umesh Chaudhary RESIDENT OF VILLAGE - CHANDANI CHOWK, BATRAHA, WARD NO. 20 P.S. - SAHARSA DISTRICT - SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2020 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Sadar Saharsa P.S. Case No. 368 of 2020, disclosing offences punishable under Sections 25(1-B)a, 26/35 of the Arms Act. On a secret information that the petitioner, who was wanted in some other criminal cases could be found at the place indicated in the information, the police made an attempt to apprehend the petitioner. The police noticed two youths sitting in a motorcycle who were trying to flee away after having seen the police party. On chase, both of them were apprehended. On search, one country made pistol loaded with two live cartridges were recovered. From possession of co-accused Chhotu Kumar also one live cartridge was recovered. The petitioner is in

Patna High Court CR. MISC. No.34006 of 2020(2) dt.21-12-2020 2/2 custody since 30.04.2020.

Learned counsel for the petitioner has submitted that it is true that there are criminal cases against him but at the same breathe, he has submitted that he is being implicated only in false cases because of his alleged involvement in other cases. It has been pointed out that co-accused Chhotu Kumar has been allowed regular bail.

Considering the fact that recovery of fire arm from the petitioner's possession is only allegation in the FIR, this application is allowed.

Let the above-named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in Sadar Saharsa P.S. Case No. 368 of 2020.

(Chakradhari Sharan Singh, J) arun/- U