Jay Amar Kumar @ Suraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70572 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Jay Amar Kumar @ Suraj S/O Madan Ram R/O Village- Sara, P.S- Tarai, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raju Kumar Singh For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2024 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 Section 414 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.
There is recovery of one country made pistol and one live cartridges from the possession of coaccused Niraj Sah. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.70572 of 2023(3) dt.18-01-2024 2/3 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 arrested accused or seized arms or motorcycle. The petitioner is languishing in custody since 23.04.2023. A statement has been made in para 3 of the petition that petitioner is accused in three other cases apart from the present one in which, he is on bail. Moreover, co-accused Niraj Sah has already been granted bail vide order dated 10.01.2024 passed in Cr. Misc. No. 83909 of 2023. 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 still not been framed and on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two
Patna High Court CR. MISC. No.70572 of 2023(3) dt.18-01-2024 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Bhojpur at Ara in connection with Tarari P.S. Case No. 72 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T