Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65810 of 2022 Arising Out of PS. Case No.-345 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SURAJ KUMAR Son of Dilip Singh R/V- Machaha, P.S- Muffasil, DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== 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 399, 402/34 of the Indian Penal Code and 25(1-b)a, 26/35 of the Arms Act. As per prosecution story, the informant got secret information that some miscreants were assembled and preparing for committing offence. Thereafter, they raided the place of occurrence and apprehended the petitioner along with coaccused persons. On search, one country made pistol along with two live cartridges were recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.65810 of 2022(2) dt.25-02-2023 2/2 petitioner is innocent and committed no offence. He has falsely been implicated in the present case. Petitioner has no concern with the alleged recovery of country made pistol or with the coaccused persons. The petitioner has been made victim of police atrocities only due to his criminal antecedents and there is no material to suggest that the alleged assemblage of the apprehended persons was for committing any crime. Moreover, the petitioner is languishing in judicial custody since 2.7.2022. 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 Muffasil P.S. Case No. 345 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 C.J.M., Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T