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Patna High CourtCR. MISC./63692/2023allowed

Sujit Kumar Singh v. The State Of Bihar

2023-10-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63692 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- BATHNAHA District- Sitamarhi ====================================================== Sujit Kumar Singh Son Of Bindeshvar Singh Resident Of Village -PUNRAHIA, Ps Sahiyara, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a,26 and 35 of Arms Act.

3. Prosecution case relates to recovery of one live cartridge along with one empty cartridge and some mobile phones from the possession of the petitioner. As per FIR, petitioner along with other co-accused persons were planning to commit crime.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ill motive and

Patna High Court CR. MISC. No.63692 of 2023(2) dt.10-10-2023 2/2 personal grudge. It is further submitted that he has no concern either with the alleged crime or with other co-accused persons. Similarly situated other co-accused persons have already been granted bail by co-ordinate Benches of this Court vide order dt. 21.08.2023. in Cr. Misc. No. 53120 of 2023 and order dt. 30.08.2023. in Cr. Misc. No. 55989 of 2023. Moreover, he is languishing in judicial custody since 17.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bathana P.S. Case No. 96 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi. (Sunil Kumar Panwar, J) shubham/- U T