Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42530 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- GADHPURA District- Begusarai ====================================================== SUMIT KUMAR @ SUMIT PASWAN Son of Manoj Paswan Resident of village - Birpur, P.S.- Hasanpur, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Learned counsel for the petitioner has submitted that alias name of the petitioner namely Sumit Paswan has been left out to be mentioned in the cause title of the bail petition. He is permitted to add the alias name of the petitioner in the cause title of the bail petition.

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

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 25 (1-B) a, 26 of Arms Act registered in connection with Garhpura P.S.Case

Patna High Court CR. MISC. No.42530 of 2022(2) dt.16-11-2022 2/3 No. 31 of 2022.

The learned counsel for the petitioner has submitted that he is a person of clean antecedent and has falsely been implicated in this case. There is allegation that he was apprehended by the police and two country-made pistols and two live cartridges were recovered from his possession. He has further submitted that the petitioner is under custody since 21.03.2022.

The learned APP has opposed the prayer for bail and has submitted that loaded pistols and live cartridges were recovered from his possession.

Considering the above facts and circumstances, especially the clean antecedent of the petitioner and period of incarceration, let the petitioner, above-named, 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 learned A.C.J.M. Manjhaul, Begusarai in connection with Garhpura P.S.Case No. 31 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available as and when required by the court.

Patna High Court CR. MISC. No.42530 of 2022(2) dt.16-11-2022 3/3

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-HR U T