Sunit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48459 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sunit Kumar, S/o Late Harkesh Ram, R/O Village- Bhojpurwa, P.S.- Manjhagarh, District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mr. Binod Kumar No. 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2023

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

2. Petitioner seeks regular bail in connection with Kuchaikote P.S. Case No. 87 of 2023 dated 20.02.2023 registered for the offence(s) punishable under Section(s) 399, 402, 412/34 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. The main submissions advanced by the learned counsel for the petitioner are that the instant matter relates to the recovery of fire-arms from the possession of this petitioner as well as co-accused persons and as per allegation the accused persons gathered at the place of recovery to make preparation to commit the offence of loot or dacoity but from the possession of this petitioner only one country made pistol and one mobile

Patna High Court CR. MISC. No.48459 of 2023(2) dt.04-08-2023 2/2 phone were recovered and for the alleged wrong he has been sufficiently punished as he has been languishing in jail since 21.02.2023 and against him the investigation has been completed. Further submissions are that the petitioner is a young person and against him there is criminal antecedent of one case in which he is on bail, in fact he was arrested from his house and falsely roped in this case.

4. Learned APP appearing for the State opposes the bail prayer.

5. Having regard to the facts and circumstances of this case as well as considering the above submissions and mainly petitioner's young age and his custody period and the completion of investigation against him, this court is inclined to accept his bail prayer. Accordingly, let the petitioner namedabove be enlarged on bail in connection with Kuchaikote P.S. Case No. 87 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U