Patna High CourtCR. MISC./76090/2023bail granted

Satyam Kumar v. The State Of Bihar

2023-12-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76090 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Satyam Kumar Son Of Late Harendra Prasad Singh R/O Village- Gosaipur, P.S.- Shyampur Bhataha, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Shyampur Bhataha P.S. case No. 63 of 2023 instituted for the offences under Sections 399, 402 and 414/34 of the Indian Penal Code and Sections 25(1-B), 26 and 35 of the Arms Act.

3. Prosecution allegation, in short, is that when the police reached the place of occurrence, the accused persons, five in number, who were sitting in an orchard and planning to commit crime, started to flee away but were apprehended and from one country made pistol and two cartridges along with one motorcycle were recovered.

4. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.76090 of 2023(2) dt.06-12-2023 2/2 the petitioner is in custody since 25.06.2023 and has no criminal antecedent. Charge-sheet has been submitted in this case. The petitioner has falsely been implicated in the present case. The petitioner has no concerned with the alleged recovered armes and cartridges. The petitioner has been implicated on the basis of suspicion. Similar co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 30.11.2023 passed in Cr. Misc. No. 75979 of 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Shyampur Bhataha P.S. case No. 63 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T