Patna High CourtCR. MISC./48966/2021bail granted

Sudarshan Kumar @ Sunny Kumar v. The State Of Bihar

2022-01-27Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48966 of 2021 Arising Out of PS. Case No.-146 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Sudarshan Kumar @ Sunny Kumar Son of Vikash Singh Resident of Village - Malhipur, P.S. Barauni (Chakiya), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-01-2022 Heard learned counsel for the petitioner and Shri Raj Ballabh Singh, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with Barauni P.S. Case No. 146 of 2021 instituted for the offences under Sections 411, 412 and 413 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 03.04.2021 and charge-sheet has been submitted in the case and after institution of the present case he came to be remanded in Barauni P.S. Case No. 134 of 2019 under Section 394 of the I.P.C. as stated in paragraph '3' of the bail application.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.48966 of 2021(2) dt.27-01-2022 2/2 allegation is of recovery of one country-made pistol along with live cartridge from the petitioner.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, nothing was recovered from his conscious possession and he has remained in custody for more than nine months. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.04.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Barauni P.S. Case No. 146 of 2021 with a condition that one of the bailors shall be the father of the petitioner.

(Satyavrat Verma, J) Rishi/- U T