Alok Kumar Singh @ Sonu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64245 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Alok Kumar Singh @ Sonu Singh S/o- Shambhu Prasad Singh VillageMaharajpur, Ward No. 12, P.S.- Kusheshwar Asthan, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :
Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kusheswar Asthan P.S. Case No. 28 of 2024 instituted for the offences under Sections 399, 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that, on the basis of information that some miscreants had assembled at a place to commit some crime, police raided the place of occurrence and apprehended the accused persons including this petitioner. On search, various arms and ammunitions were recovered from the
Patna High Court CR. MISC. No.64245 of 2024(2) dt.06-09-2024 2/3 apprehended persons.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that except mobile phone, no any incriminating article has been recovered from the conscious possession of the petitioner rather the recovery of arms and ammunitions has been made from other co-accused persons who were apprehended on the spot. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2024 and has three criminal antecedents. The co-accused person has already been granted bail by this Bench vide order dated 24.07.2024 passed in Cr. Misc. No. 49075 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, no any recovery of fire arms from the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.64245 of 2024(2) dt.06-09-2024 3/3 below/concerned Court in connection with Kusheswar Asthan P.S. Case No. 28 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T