Shoman Kumar @ Suman Sah @ Shoman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32048 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -SALKHUA District- SAHARSA ======================================================

1. SHOMAN KUMAR @ SUMAN SAH @ SHOMAN Son of Late Setho Sah, R/o Jamal Nagar, P.S.- Salkhua, O.P.- Banma Ithari, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Adv For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner as well as learned APP for the State.

Smelling suspicious conduct of three persons, informant, a police official, proceeded towards them whereupon two managed to escape while remaining one who was about to be apprehended shot at the informant who had a miraculous escape and during course thereof, the miscreant was apprehended with fire arm who disclosed his identity as Hemant Kumar Sajan and also disclosed his associates as Niraj @ Bharat Yadav and Sushil Kumar Yadav. On interrogation, he had also disclosed that he had gone to the place of Shoman Kumar (petitioner) where he had paid Rs. 18,000/- as per direction given by a renowned criminal, Dashrath and Kaushal Yadav for procuring illegal fire arm from Afsar whereupon, police took Hemant to the place of petitioner,

Patna High Court Cr.Misc. No.32048 of 2017 (2) dt.13-07-2017 conducted raid, apprehended, searched, recovered Rs. 18,000/-, as he claimed, and a mobile.

It has also been alleged that petitioner also confessed and further disclosed that he was to go to the place of Afsar for the aforesaid purpose. Furthermore, it has also been disclosed that Afsar was also apprehended and from call details conversation in between petitioner and Afsar was properly found. From para-3 of the petition, it is evident that petitioner happens to be accused in one another case.

Considering the allegation on its face inconsonance with period of custody, petitioner, SHOMAN KUMAR @ SUMAN SAH @ SHOMAN is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of ACJM-II, Saharsa in connection with Salkhua PS Case No. 67/2017.

(Aditya Kumar Trivedi, J) perwez U T