Patna High CourtCR. MISC./44366/2024bail granted

Suman Kumar Babuwan @ Suman Babuwan v. The State Of Bihar

2024-08-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44366 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Suman Kumar Babuwan @ Suman Babuwan Son Of Manikant Choudhary R/O- Village- Dumrail, Ward No. 33, P.S.- Saharsa, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Simri Bakhtiyarpur P.S. Case no. 34 of 2024 registered under sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on having received information about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted. The petitioner and one another were caught at the place of occurrence and it is stated that from the possession of the petitioner a loaded country made pistol with two live cartridges were recovered.

Patna High Court CR. MISC. No.44366 of 2024(3) dt.09-08-2024 2/2

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession and he has been falsely implicated in the case because of his antecedents. The petitioner is in custody since 2.2.2024 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, his having remained in custody for more than 6 months since 2.2.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Simri Bakhtiyarpur P.S. Case no. 34 of 2024, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa.

(Partha Sarthy, J) Harsh/- U T