Sumit Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64957 of 2021 Arising Out of PS. Case No.-188 Year-2021 Thana- JOGBANI District- Araria ====================================================== SUMIT SONI Son of Late Birendra Soni Resident of Village - Swastik Nagar, Jogbani, P.s.- Jogbani, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code and read with Section 25 (1-b)a, 26 and 35 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is in custody since 23.08.2021 and chargesheet has been submitted. Petitioner has antecedent of one case. Learned counsel for the petitioner submits that the allegation is of recovery of a magazine and one live cartridge from the petitioner's possession.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the petitioner. Even presuming what has been alleged is true

Patna High Court CR. MISC. No.64957 of 2021(2) dt.01-04-2022 2/2 without admitting for the purposes of bail, then allegation hinges around the Arms Act and the petitioner has remained in custody for more than seven months.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.08.2021, chargesheet has been submitted in the case and co-accused Md. Azam, Sujit Kumar, Md. Sahid and Lal Babu Swarnkar have been granted bail by order dated 22.03.2022, 22.03.2022, 22.03.2022 and 22.03.2022 in Criminal Misc. No. 62128 of 2021, Cr. Misc. No. 64457 of 2021, Cr. Misc. No. 61762 of 2021 and Cr. Misc. No. 63682 of 2021 respectively, let the petitioner above named be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jogbani (Bathnaha) P.S. Case No. 188 of 2021.

(Satyavrat Verma, J) Ankit/- U