Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68456 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Sunny Kumar Son of Ramadhar Roy R/O Village - Gayra, P.S. - Sahebganj Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-10-2024 Heard Mr. Dilip Kumar Roy, learned counsel for the petitioner and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner apprehends arrest in Sarairanjan P.S. Case No. 93 of 2024, registered under Sections 303(2), 317(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, some unknown persons committed thief of articles of Jio Tower. Three accused persons were caught by the police and from their possession arms along with articles of tower have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.68456 of 2024(2) dt.03-10-2024 2/2 present case. Learned counsel for the petitioner further submits that the petitioner was not arrested at the place of occurrence. Name of the petitioner has transpired on the basis of confessional statement of co-accused persons. The allegation levelled against the petitioner is not specific, rather general and omnibus in nature. The petitioner has got one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarairanjan P.S. Case No. 93 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T