Suman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.257 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -DHAMDAHA District- PURNIA ====================================================== Suman Kumar Singh, Son of Sri Daram Lal Singh, resident of VillageMorsanda, P.S.- Falka, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Dhamdaha P.S. Case No.239 of 2017, registered for offences alleged under Sections 398, 399, 402 and 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. The allegation against the petitioner is that he was caught with country made pistol, two live cartridges, one mobile and a motorcycle along with coaccused. Learned counsel submits that so far as the motorcycle is concerned, that belongs to co-accused Sanoj Kumar Mandal and

Patna High Court Cr.Misc. No.257 of 2018 (2) dt.12-01-2018 he would be ready to produce the document of ownership in this regard. It is submitted that the investigation is over in the case. Learned APP opposed the prayer for bail.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S. Case No.239 of 2017, subject to the conditions U/S 437(3) Cr.P.C. and subject to the further condition that one of the bailors shall be a family member of the petitioner and the petitioner shall cooperate in the trial. Two consecutive defaults without any plausible reason in putting appearance before the learned court below would lead to cancellation of his bail. At the time of release of the petitioner, the court below shall satisfy himself to the document of ownership of the motorcycle which was in the name of one Sanoj Kumar Mandal as stated by learned counsel for the petitioner. (Rajeev Ranjan Prasad, J) Arvind/- U T