Sudhanshu Kumar @ Sudhansu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51813 of 2024 Arising Out of PS. Case No.-216 Year-2023 Thana- SONBERSHA RAJ District- Saharsa ====================================================== SUDHANSHU KUMAR @ SUDHANSU KUMAR SON OF LATE SUSHIL SINGH @ SUSHIL KUMAR SINGH Resident of Village - Sahamoura, Police Station - Sonbarsa Raj, District - Saharsa ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Rashmi, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sonbarsa Raj P.S. Case No.216 of 2023 lodged under Sections 399 and 402 of the I.P.C. read with Section 25(1-B)a 26/35 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against 8 named accused persons including the petitioner against whom there is allegation of planning of loot and also recovery of country made pistol has been made, which is subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has neither been apprehended from the place of occurrence nor anything recovered from his possession and
Patna High Court CR. MISC. No.51813 of 2024(2) dt.24-07-2024 2/2 petitioner's name has figured in this case by virtue of confessional statement of co-accused. He further submits that such mistakes shall take place in future.
5. Counsel for the petitioner submits that petitioner is in custody since 18.01.2024 having one criminal antecedent in which he is on bail and due to this reason, he is apprehending in jail.
6. Learned counsel for the State opposes the prayer for bail.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in Sour Bazar P.S. Case No.20 of 2024, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Saharsa in connection with Sonbarsa Raj P.S. Case No.216 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T