Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51906 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Subodh Kumar, male, aged about 56 years, S/o Parma Nand Parsad, R/o Village- Pakridixit Bhagnagar, Chakia, P.S.- Kalyanpur, Distt- East Champaran (Motihari).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2025 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Chhauradano P.S. Case No. 39 of 2024 (G.R. No. 151 of 2024), dated 22.02.2024, instituted for the offences under

2/4 Sections 401, 420, 120(B) and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, the petitioner along with other caught by the police. On being searched, one loaded country made pistol with one live cartridge was recovered from the possession of the petitioner, whereas from the possession of the other accused person, one bundle was recovered in which there were two notes of rupees five hundred and the rest were blank papers.

4. The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case and the seizure-list is concocted. Petitioner has one criminal antecedent and he is in custody since 23.02.2024. He undertakes to cooperate in the trial.

5. Similarly situated co-accused person, namely, Md. Nurul @ Nurul Hoda has been

3/4 granted regular bail by a co-ordinate Bench of this Court vide order dated 24.07.2024 passed in Cr. Misc. No. 49931 of 2024.

6. The learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

7. Having regard to the facts and circumstances of the case and the fact that the similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court as also the period of custody, let the petitioner abovenamed be released on bail on his furnishing bail-bond in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Raxaul at Motihari, East Champaran in connection with Chhauradano P.S. Case No. 39 of 2024 (G.R. No. 151 of 2024).

8. The application stands allowed.

4/4 (Sunil Dutta Mishra, J) Praveen-II/- U T