Satyam Kumar @ Fuddu @ Fuddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67116 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== Satyam Kumar @ Fuddu @ Fuddu Kumar, Son of Mr. Anil Singh, resident of village- Hasanpur, Ward No. 3, P.S- Teghara, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranshu, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Teghra P.S. Case No. 121 of 2024, registered for the alleged offences under Sections 25 (1-B)a, 26 (1)/35 of the Arms Act.
3. As per prosecution case, police received information about two miscreants sitting in a community hall along with firearms, who were involved in an incident of firing. A raid was conducted and the petitioner and co-accused were apprehended. From the possession of this petitioner, a country made pistol loaded with four live cartridges was recovered. From the possession of co-accused, further recovery of a country made pistol loaded with three live cartridges was made.
Patna High Court CR. MISC. No.67116 of 2024(2) dt.01-10-2024 2/3
4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to some ongoing dispute at his matrimonial home. Nothing incriminating has been recovered from the person/possession of this petitioner. Though there is allegation of use of firearm by the petitioner prior to his apprehension, but the seized firearm was sent for verification and there was no report that it was used recently. The petitioner is having criminal antecedent of two cases. The petitioner is in custody since 06.05.2024 and the charge sheet has been submitted.
5. The learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Teghra P.S. Case No. 121 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
Patna High Court CR. MISC. No.67116 of 2024(2) dt.01-10-2024 3/3 (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T