Patna High CourtCR. MISC./66955/2023bail granted

Sujeet Kumar v. The State Of Bihar

2023-10-17Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66955 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Sujeet Kumar Son Of Puran Mandal R/O Vill - Shankarpur, P.S. - Sabour, Distt. - Bhagalpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kamal Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for grant of regular bail in connection with Sabour P.S. Case no.181 of 2023 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, two accused persons including petitioner herein, seeing the police party made an attempt to flee away but were caught. It is stated that on search a live cartridge, a used cartridge and a country-made pistol was recovered from the possession of the petitioner. 4.It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. No incriminating article having been recovered from the petitioner's possession. The petitioner has no criminal antecedent and is in custody for more than six months since

Patna High Court CR. MISC. No.66955 of 2023(2) dt.17-10-2023 2/2 31.3.2023.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being in custody for more than six months since 31.3.2023, charge-sheet having been submitted in the case and his not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Sabour P.S. Case no. 181 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur.

(Partha Sarthy, J) ajay/- U T