Sunay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7641 of 2021 Arising Out of PS. Case No.-65 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== SUNAY KUMAR S/o SURESH RAY Resident of Vill.- Saifpur, P.S.- Ganga Bridge, Distt.- Vaishali at Hajipur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra For the Opposite Party/s :
Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Ganga Bridge P.S. Case No. 65 of 2020 registered for the offence punishable under Sections 25(1-b)/26/35 of the Arms Act. As per the prosecution case, on search by police personnel while patrolling with associates one country made Rifle is said to have been recovered from the house of the petitioner while accused person namely Sunay Kumar after
Patna High Court CR. MISC. No.7641 of 2021(2) dt.22-06-2021 2/3 witnessing the police personnel managed to escape. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. He submits that petitioner has not been apprehended on the spot and the petitioner has been implicated in this case on the basis of mere suspicion and no any direct or indirect allegation has been attributed against the petitioner as alleged in the F.I.R. He further submits that the house is in question belongs to joint family and so many people residing in this house, so it is very difficult to say that who kept the said Rifle in this house. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has one criminal antecedent as mentioned in para 3 of the bail application in which he is on bail and has been languishing in custody since 25.10.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail after completing one year from the date of the custody and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Ganga
Patna High Court CR. MISC. No.7641 of 2021(2) dt.22-06-2021 3/3 Bridge P.S. Case No. 65 of 2020.
(Anjani Kumar Sharan, J) GAURAV S./- U T