Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68222 of 2023 Arising Out of PS. Case No.-373 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Sahil Kumar S/O- Bikram Paswan @ Vikram Paswan R/O- Village- Harihara, P.S.- Shikarganj (O.P.), Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 399, 400, 402, 414 of the Indian Penal Code, Sections 25(1-B) a, 26, 35 of the Arms Act and Sections 8, 20(b)(ii)(c) of the N.D.P.S Act.

The prosecution case as per F.I.R is that on getting information that some miscreants have assembled to commit dacoity, raid was laid and nine persons including the petitioner were apprehended. From the possession of petitioner, one knife was recovered

Patna High Court CR. MISC. No.68222 of 2023(3) dt.05-01-2024 2/3 whereas from the possession of co-accused Pritam Paswan, Charas weighing 1 Kg & 40 Grams kept in a bag was recovered.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern either with the apprehended accused persons or the seized articles. The petitioner is languishing in custody since 06.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail after framing of charge, if the charge has already not been framed and on

Patna High Court CR. MISC. No.68222 of 2023(3) dt.05-01-2024 3/3 furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, Motihari, East Champaran in connection with Chiraiya P.S. Case No. 373 of 2023.

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