Patna High CourtCR. MISC./50329/2024bail granted

Sanjeev Kumar @ Sanjiv Kumar v. The State Of Bihar

2024-07-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50329 of 2024 Arising Out of PS. Case No.-106 Year-2024 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Sanjeev Kumar @ Sanjiv Kumar, Gender-Male, aged about 25 years, Son of Gopaljee Ram @ Gopali Ram, Resident of Ward No. 08, Barahiya, P.SBarahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 106 of 2024 instituted for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

3. As per the prosecution case, one loaded country made katta and one live cartridge have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no any independent witness of the seizure list. Petitioner is in custody since 23.02.2024.

Patna High Court CR. MISC. No.50329 of 2024(2) dt.23-07-2024 2/2

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st, Class-cum-Additional Munsif, Begusarai in connection with Muffasil P.S. Case No. 106 of 2024.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Anand Kr.

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