Sukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60795 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Sukesh Kumar S/O Late Arun Singh R/O Village- Bajitpur Malahi, Ps. Bidupur, Dist. Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.

There is recovery of stolen motorcycle and one country made pistol without cartridge from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered

Patna High Court CR. MISC. No.60795 of 2023(3) dt.02-11-2023 2/2 from the conscious possession of the petitioner. The petitioner has no concern either with the motorcycle or seized arms. The petitioner is languishing in custody since 06.05.2023. A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of the charge if the charge has already not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class-cumAdditional Munsif 7th, Vaishali at Hajipur in connection with Rajapakar (Baranti O.P) P.S. Case No. 159 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T