Sukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59597 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== Sukesh Kumar, Son of Late Rajniti Singh, Resident of Village - Basti, P.S. - Harnaut, District - Nalanda.
.. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2024 Heard Mr. Bijendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Dashrath Mehta, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Harnaut P.S. Case No.191 of 2024 registered under Sections 188, 353 and 322 of the Indian Penal Code and Section 25(9) and 27 of the Arms Act.
3. As per the allegation made in the FIR, upon receiving a video footage through social media, in connection with celebration firing on the occasion of marriage of the daughter of one Satyendra Kumar Singh (named in the FIR) and niece of the petitioner, the police conducted a raid, four days after the said incidence. The police arrested the said Satyendra Kumar Singh alongwith rifle and upon showing the license of the rifle, he was released.
Patna High Court CR. MISC. No.59597 of 2024(2) dt.11-09-2024 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the own brother of the co-accused Satyendra Kumar Singh, who is a constable in CRPF and the rifle was seized from his possession, which was used for celebration firing, during the marriage ceremony of his daughter. The petitioner, being family member of the said Satyendra Kumar Singh, has falsely been implicated in the present case. On these grounds, the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that the rifle was seized from the possession of one Satyendra Kumar Singh and the petitioner, being family member of Satyendra Kumar Singh, has falsely been implicated in the present case, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.59597 of 2024(2) dt.11-09-2024 3/3 (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Nalanda at BiharSharif in connection with Harnaut P.S. Case No.191 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T