Saurav Kumar Jha @ Sanu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50419 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- JOGBANI District- Araria ====================================================== SAURAV KUMAR JHA @ SANU Son of Vinay Jha @ Vinay Kumar Jha Resident of Village- Ghoraghat, Ward No. -01, P.S.- Forbesganj, DistrictAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Jogbani PS case no. 67 of 2021 instituted for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

The allegation is regarding recovery of one countrymade pistol from the possession of the petitioner after he was apprehended by the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 02.04.2021. The learned counsel for the petitioner has further submitted that prior to the petitioner having been made an accused in the present case, he was having a clean antecedent, however, thereafter, he had been

Patna High Court CR. MISC. No.50419 of 2021(2) dt.21-03-2022 2/2 remanded in various other cases, as has been stated in paragraph no. 3 of the present petition. It is also submitted that for the offence alleged in the present case, the petitioner has already been sufficiently punished on account of period of custody already undergone by him.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M. VI, Araria in connection with Jogbani PS case no. 67 of 2021.

(Mohit Kumar Shah, J) rinkee/- U T