Sarvesh Kumar @ Sarvosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1377 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== SARVESH KUMAR @ SARVOSH KUMAR Son of Sri Ashok Kumar Resident of Rani Diara, P.S.- Kahalgaon(Buddhuchak), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Tatarpur P.S. Case No. 224 of 2022, registered for the offences punishable under Sections 399, 402 of I.P.C. and Sec. 25(1-b)a, 26, 35 Arms Act.

As per allegation, some arms and ammunitions were recovered from the accused persons, who were arrested by the police, whereas a mobile set was recovered from the possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is a student and he is under custody since 04.09.2022. It appears that except a mobile set, nothing was

Patna High Court CR. MISC. No.1377 of 2023(2) dt.03-04-2023 2/2 recovered from his possession and he is under custody since 04.09.2022.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-7th, Bhagalpur in connection with Tatarpur P.S. Case No. 224 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Kundan U T