Patna High CourtCR. MISC./42926/2023bail granted

Sudhir Kumar v. The State Of Bihar

2023-07-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42926 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Sudhir Kumar, Son Of Bipin Yadav, Resident Of Village - Jangli Mandal, Tola Karari Rahimpur South, Ward No.14, P.S. - Mufassil, District - Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR , PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Ballia P.S. Case No. 96 of 2023 dated 16.04.2023 registered for the offences punishable u/ss 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution case, the petitioner was apprehended with one country made pistol and 100 pieces of live cartridges which were kept in a plastic bag.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.42926 of 2023(2) dt.20-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.04.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Court concerned, Begusarai in connection with Ballia P.S. Case No. 96 of 2023 with the 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 cause, his bail bonds are liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T