Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1447 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- MOKAMAH District- Patna ====================================================== SURAJ KUMAR Son of Rajo Singh @ Rajendra Prasad Singh Resident of East Mor, Ward No.6, Police Station- Mokama, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Krishan Jha, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APPP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard Mr. Raj Krishan Jha, learned counsel for the petitioner and Mr. Jagdhar Prasad, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Mokama PS Case No. 193/2021 registered for the offence punishable under Sections 25(1-b) a, 26 of the Arms Act. The police during course of investigation of Mokama PS Case No. 192/2021 raided the house of the petitioner and recovered a country made gun kept in a room inside the bed. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of investigation made by the police in Mokama PS Case No. 192/2021. He further submits that the house from-where firearm has been recovered belongs to joint family and other family

Patna High Court CR. MISC. No.1447 of 2022(2) dt.24-05-2022 2/2 members also reside there. He next submits that at the time of search and seizure the procedure prescribed under CrPC has not been followed. Petitioner is in custody since 25.07.2021 and the charge-sheet has been submitted in the matter. Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the house from-where fire-arm has been recovered belongs to joint family and other family members also reside there, the petitioner is in custody since 25.07.2021 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, SURAJ KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Barh, West Champaran in connection with Mokama PS Case No. 193/2021.

(Anil Kumar Sinha, J) perwez U T