Suman Saurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49211 of 2022 Arising Out of PS. Case No.-157 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== Suman Saurav Son Of Rakesh Jha R/O Village- Telhara Kela, P.S.- Kundwa Chainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-353, 307, 429, 414, 216 of the Indian Penal Code and Sections-25(1-b)a, 26, 35 of the Arms Act.

Prosecution case in short is that one country-made pistol and four live cartridges are said to have been recovered. It has been submitted that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 18-01-2020. Charge sheet has already been submitted in this case. One country-made pistol

Patna High Court CR. MISC. No.49211 of 2022(2) dt.21-12-2022 2/2 and four live cartridges are said to have been recovered. The petitioner is not named in the FIR. General and omnibus allegation has been made against the petitioner. The name of the petitioner has transpired in this case in course of investigation. There is no recovery of arms from possession of the petitioner. The other co-accused has been granted bail by a co-ordinate bench (then His Lordship was) by order dated 06-01-2021 passed in Cr. Misc. No. 33965 of 2020.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, East Champaran, Motihari in connection with Sessions Trial No. 546 of 2022 arising out of Kalyanpur P.S. Case No. 157 of 2017 .

(Sudhir Singh, J) A.K.V.//- U T