Sumit Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55595 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- JAMUI District- Jamui ====================================================== Sumit Kumar @ Chhotu S/O Late Sidheshwar Tanti Resident Of VillageDaulatpur, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66000 of 2022 Arising Out of PS. Case No.-186 Year-2022 Thana- JAMUI District- Jamui ====================================================== Sushil Tanti S/o Indradeo Tanti R/v- Kalyanpur, P.S.- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55595 of 2022) For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP (In CRIMINAL MISCELLANEOUS No. 66000 of 2022) For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.Ps. for the State.

The petitioners seek regular bail in connection with Jamui P.S. Case No. 186 of 2022 lodged under Section 386 of the I.P.C. read with Section 27 of the Arms Act.

Patna High Court CR. MISC. No.55595 of 2022(2) dt.24-12-2022 2/3 As per the prosecution case, the allegation of demanding ransom is there in the F.I.R. against the unknown accused persons.

Learned counsel for the petitioners submit that the name of the petitioners have figured in this case by virtue of the confessional statement of the co-accused. Counsel further submits that only on the basis of suspicion their names have lodged during investigation.

Learned counsel for the petitioner of first case (Cr. Misc. No. 55595 of 2022) submits that he has added by virtue of supplementary affidavit that there are 2 criminal cases pending against the petitioner. Counsel submits that petitioner is in custody since 30.04.2022.

Whereas, counsel for the petitioner of second case (Cr. Misc. No. 66000 of 2022) submits that there are 2 criminal cases pending against the petitioner. Counsel submits that petitioner is in custody since 29.06.2022. Counsel also submits that the co-accused Sunil Kumar Pandit has been granted bail by the Co-ordinate Bench of this Court vide order dated 23.12.2022 passed in Cr. Misc. No. 53324 of 2022.

Learned counsel for the State opposes the prayer for bail and submits that if petitioners shall be released prior to

Patna High Court CR. MISC. No.55595 of 2022(2) dt.24-12-2022 3/3 framing of charge, the trial shall not be concluded and they shall start evading the trial.

In the present facts and circumstances of these cases and the submissions made above, I am not inclined to grant bail to the petitioners at present but liberty is hereby granted to the petitioners that they may renew their prayer for bail after framing of charge and the Trial Court is directed to release them thereafter, imposing its own conditions so that they may not evade their appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T