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Patna High CourtCR. MISC./50273/2024allowed

Sanny Kumar @ Sunny @ Sumit Kumar@ Sunny Kumar v. The State Of Bihar

2024-08-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50273 of 2024 Arising Out of PS. Case No.-600 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Sanny Kumar @ Sunny @ Sumit Kumar@ Sunny Kumar S/O Mohan Prasad Gupta R/O Village-Kabaiya road,ward no.32,P.S. and Distt-Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 401 of the Indian Penal Code and Sections 25(1-b)A, 25(1-AC), 26(i), 35 of the Arms Act and Sections 4 and 5 of Explosive Substance Act.

3. As per the prosecution case, the petitioner is said to be one of the allies of the prime accused, Govinda, who hatched a conspiracy of murder of Abhishek Patel in court premises at Lakhisarai and for the same the work was assigned to Naga and Bulbul Kumar.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. The

Patna High Court CR. MISC. No.50273 of 2024(2) dt.09-08-2024 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner's named transpired in this case merely on the basis of confessional statement of co-accused, namely, Kumar Govinda. He further submits that no incriminating articles have been recovered from conscious possession of the petitioner. The petitioner has two criminal antecedents and has been languishing in custody since 18.03.2024..

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the fact that no incriminating article has been recovered from conscious possession of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Lakhisarai P.S. Case No. 600 of 2023.

(Anjani Kumar Sharan, J) anand/- U T