← Library
Patna High CourtCR. MISC./65832/2022allowed

Sanni Kumar v. The State Of Bihar

2023-02-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65832 of 2022 Arising Out of PS. Case No.-318 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== SANNI KUMAR S/o Jeet Lal @ Jeetlal Singh R/o - Naubatpur Sheikhpura, P.S.- Naubatpur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishore For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a / 26/35 of the Arms Act.

As per prosecution, while the informant along with police personnel was checking vehicle at NH 139, in the meantime, three accused persons boarded on a motorcycle were apprehended by them. On search, one country made pistol was recovered from the possession of co-accused namely, Suraj Kumar.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely been implicated in the present case. The petitioner has no

Patna High Court CR. MISC. No.65832 of 2022(2) dt.25-02-2023 2/2 concern with the alleged recovery of country made pistol or with the place of occurrence. Nothing incriminating article has been recovered from the possession of this petitioner rather the alleged recovery of arms was made from the possession of the co-accused Suraj Kumar. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 9.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Arwal P.S. Case No. 318 of 2022 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, Arwal.

(Sunil Kumar Panwar, J) Amandeep/- U T