Satyam Kumar Bholu @ Satyam Kumar @ Bholu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66754 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Satyam Kumar Bholu @ Satyam Kumar @ Bholu S/o- Ajit Kumar Resident of Village- Masaha, P.S.- Parihar, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Majorganj P.S. Case No. 156 of 2024 for the offences punishable under Sections 399, 402, 414, 333, 353 and 307 of the Indian Penal Code, Sections 25(1-b)a, 26/27/35 of the Arms Act and Sections 8/20(b)(ii) (c) of the Narcotics Drugs and Psychotropic Substances Act.
3. As per prosecution case, the Chaukidaar gave information to police that a notorious miscreant along with his associates is making plan to commit crime. On getting information, police reached at that place and seeing the police, three persons fled away and two persons started firing upon the police party but they were caught hold by the police and on
Patna High Court CR. MISC. No.66754 of 2024(2) dt.26-09-2024 2/3 query, he disclosed his name as Shyam Pandey and also disclosed the name of one Chotu Singh who made firing and further disclosed the name of three persons who managed to escape from there. On being search, a pistol along with three live cartridges has been recovered and 1.2 kgs of Charas has also been recovered from a motorcycle. Further, he disclosed that the said charas has been provided to him by this petitioner.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery. He was not apprehended on spot by the police. One Shyam Pandey was apprehended on spot and he disclosed the name of the petitioner in his confessional statement before the police. The confessional statement of co-accused has no value in the eye of law. Alleged recovery has been made from co-accused Shyam Pandey. Petitioner is under custody since 04.05.2024.
5. On the other hand, learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on
Patna High Court CR. MISC. No.66754 of 2024(2) dt.26-09-2024 3/3 bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi in connection with Majorganj P.S. Case No. 156 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
7. Before accepting the bail bond of the petitioner, the learned court below shall verify the criminal antecedent of the petitioner except the Parihar P.S. Case No. 10/2022 and if it is found that petitioner has any other criminal antecedent then his bail bond will be cancelled.
(Nawneet Kumar Pandey, J) shubham/- U T