Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10046 of 2021 Arising Out of PS. Case No.-435 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Sandeep Kumar Son of Surendra Rai Resident of village- Dhekaha Laxman Tola, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Mufasil P.S. Case No. 435 of 2020 registered under sections 414 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act. As per allegation in the F.I.R., on a search being conducted, the petitioner and one another accused were caught and a loaded country made pistol with a live cartridge as also another live cartridge was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his person

Patna High Court CR. MISC. No.10046 of 2021(2) dt.09-06-2021 2/2 or possession. He has been falsely implicated in the case. He has no criminal antecedent and is in custody since 21.9.2020. The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case together with the petitioner not having any criminal antecedent and being in custody for over eight months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Mufasil P.S. Case No. 435 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Partha Sarthy, J) Bibhash U T