Sumit Kumar @ Bahadur @ Bahadur Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62908 of 2019 Arising Out of PS. Case No.-401 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sumit Kumar @ Bahadur @ Bahadur Rai, Son of Rambabu Rai @ Anandi Rai, Resident of Village- Saidpur Rajauli, P.S.- Sadar Hajipur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Hajipur Sadar P.S. Case No.401 of 2019 registered for the offence punishable under Sections 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to high handedness of the police. Learned counsel submits that one country made pistol has been recovered from the possession of the petitioner and he has remained in custody since 25.06.2019.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner

Patna High Court CR. MISC. No.62908 of 2019(4) dt.05-12-2019 2/2 that one country made pistol has been recovered from the possession of the petitioner, he has remained in custody since 25.06.2019 and that he has no criminal antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.401 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) arvind/- U T