Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41741 of 2024 Arising Out of PS. Case No.-80 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Sahil Kumar, aged about 21 years (M), S/o Anil Kumar Singh, Resident Of Village- Chechar, P.S.- Bidupur, District-Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shivjee Singh, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahnar P.S. Case No. 80 of 2024 dated 28.03.2024 registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, during patrolling, police apprehended the petitioner and other co-accused persons and from possession of the petitioner, two live cartridges, Samsung mobile and Pulser Motor cycle were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.41741 of 2024(2) dt.20-06-2024 2/3 this case. It is submitted that the petitioner was not arrested on the spot and no incriminating article has been recovered from possession of the petitioner. The petitioner was arrested in Mahnar P.S. Case No. 71 of 2024 in which he has confessed before the police and on that confession, one looted mobile was recovered for which the present case has been lodged. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 30.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged 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 Judicial Magistrate, Ist. Class, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 80 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.41741 of 2024(2) dt.20-06-2024 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T