Sonu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.49597 of 2018 (2) dt.10-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49597 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -SIWAN RAIL P.S. District- SARAN ====================================================== Sonu Kumar, son of Budhan Prasad @ Jyotish Lal Prasad, r/o Village Dakshin Tola, PS Siwan, District Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-08-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody seeks bail in Siwan (Thawey) Rail PS Case No. 42 of 2018 registered under Sections 25(1-b)A, 26 and 35 of the IPC.

Learned Counsel for the petitioner submits that the petitioner is neither named in the FIR nor any arms or cartridges were recovered from his possession, only material against him is disclosure by the apprehended accused that he used to purchase pistol and cartridges from the petitioner, however, nothing has been recovered from the petitioner and he has no antecedent under the Arms Act, only one case under Sections 413 and 414 is pending against the petitioner in which he is on bail and he has remained in custody for more than four months.

Having considered the said facts and circumstances, the petitioner, namely, Sonu Kumar is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of ACJM (Railway) Sonepur, Saran in connection with Siwan (Thawey) PS Case No. 42 of 2018.

Snkumar/- (Arun Kumar, J) U T