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Patna High CourtCR. MISC./55796/2025bail granted

Sumit Kumar v. The State Of Bihar

2025-09-26Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55796 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- AMNAUR District- Saran ====================================================== Sumit Kumar S/O Raghuvansh ray Resident Of Village- Marhaura Khurd, Police Station- Marhaura, District- Saran, Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2025 Heard the parties.

2. The petitioner seeks bail in connection with Amnaur P.S. Case No. 82 of 2025 registered for the offence under Sections 310(4), 310(5), 310(6), 61(2) of BNS and 25(1-B)A, 25(1-AA), 26, 35 of Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 25.03.2025.

4. The allegation against the petitioner is to involve in preparation for dacoity alongwith other co-accused persons.

5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner was apprehended on police raid and was found in possession of one country made

Patna High Court CR. MISC. No.55796 of 2025(2) dt.26-09-2025 2/3 pistol and two live cartilages. It is submitted that merely due to possession of one country made and two live cartridges it cannot be said that petitioner was involved in preparation for dacoity. It is pointed out that as petitioner is found involved in five more criminal cases where two is of similar nature he was implicated in present case on the basis of suspicion without having any cogent material. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and moreover petitioner is on bail in all five cases pending against him.

6. Learned APP, while opposing the prayer of bail submitted that petitioner found in possession of one country made pistol and two live cartridges.

7. In view of aforesaid factual submission and by taking note of fact as petitioner implicated with this case qua preparation for dacoity prima-facie merely on the basis as he found in possession of one country made pistol and two live cartridges, coupled with fact that investigation of this case is already completed where petitioner remains in custody since

Patna High Court CR. MISC. No.55796 of 2025(2) dt.26-09-2025 3/3 25.03.2025, accordingly petitioner above named, is directed to be released on bail in connection with Amnaur P.S. Case No. 82 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Saran at Chapra /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T