Sonu Kumar @ Sonu K v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70008 of 2024 Arising Out of PS. Case No.-293 Year-2024 Thana- SAUR BAZAR District- Saharsa ====================================================== Sonu Kumar @ Sonu K, Son of Vidyanand Yadav, R/o Village- Sakhua Pastpar W.No -3, Ps- Sour Bazar Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Sour Bazar P.S. Case No. 293 of 2024 registered for the offences punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

3. On a secret information, the police apprehended the petitioner and on search, one loaded country made pistol was recovered from his possession.

4. There is complete denial of any recovery from the possession of the petitioner.

5. It is contended on behalf of the petitioner that, in fact, on account of one criminal antecedent under the Excise Act, the petitioner was apprehended and, later on, recovery of

Patna High Court CR. MISC. No.70008 of 2024(2) dt.03-10-2024 2/3 arms has been shown from his possession. There is complete defiance of the provisions of Section 100(4) CrPC. Moreover, the petitioner is in custody since 24.04.2024. Now, the investigation of the crime is complete and the charge-sheet has been submitted.

6. On the other hand, learned counsel for the State opposed the bail application.

7. Regard being had to the submissions made on behalf of the parties and considering the period of custody and the fact that the crime in question is triable by the Magistrate, moreover, the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Saharsa in connection with Sour Bazar P.S. Case No. 293 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

Patna High Court CR. MISC. No.70008 of 2024(2) dt.03-10-2024 3/3 (iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) rohit/- U T