Patna High CourtCR. MISC./61086/2023allowed

Sanny Kumar v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61086 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== SANNY KUMAR SON OF SUBODH PASWAN @ SUBOH PASWAN RESIDENT OF VILLAGE LAKHNIPUR PS PATEPUR DISTRICT VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving a secret information that some persons are preparation for committing offence . Thereafter, the police party reached at that place and apprehended some persons and there has been recovery of incriminating weapon and other articles from the co-accused Sonu Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.61086 of 2023(2) dt.15-09-2023 2/2 committed no offence. Petitioner has apprehended on spot. The petitioner has no concern with the alleged arms and cartridges, which has been recovered from co-accused Sonu Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. Only on the basis of suspicion, petitioner has implicated in the present case by the police. He is languishing in judicial custody since 21.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Patepur P.S. Case No. 177 of 2023.

(Sunil Kumar Panwar, J) arish/- U