Patna High CourtCR. MISC./79257/2023bail granted

Sumit Sah @ Sumit Kumar Sah v. The State Of Bihar

2024-03-07Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79257 of 2023 Arising Out of PS. Case No.-164 Year-2020 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== SUMIT SAH @ SUMIT KUMAR SAH S/O KANHAIYA LAL SAH @ KANHAY LAL SAH RESIDENT OF MOHALLA- MUNDICHAK, P.S. TILKA MANJHI, DIST. BHAGALPUR. PRESENTLY RESIDING AT MOHALLA- ISHAKCHAK (KUMHAR TOLI), P.S. ISHAKCHAK, DIST. BHAGALPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.80 of 2022 (arising out of Mojahidpur (Babarganj) P.S. Case no.164 of 2020 registered under sections 307, 399, 402 and 353 of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on having received information about the accused persons having gathered and planning to give effect to an occurrence,

Patna High Court CR. MISC. No.79257 of 2023(3) dt.07-03-2024 2/3 they approached the place in question. On seeing the police personnel, the accused made an attempt to escape. On chase, one of the accused namely Umang Kumar was arrested and a country made pistol was recovered from his possession. He disclosed the name of the accused persons who managed to escape which included the petitioner herein.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Neither was he arrested on the spot nor any incriminating article recovered from his possession. The only material against him is the confessional statement of a co-accused made before police. The cause of false implication of the petitioner is his antecedents. The petitioner is in custody since 16.8.2020.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., no incriminating article having been recovered from his possession and the petitioner having remained in custody for more than 3 years 6 months since 16.8.2020, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.80 of 2022 (arising out of Mojahidpur (Babarganj) P.S. Case no.164 of 2020 on furnishing bail bond of Rs.10,000/

Patna High Court CR. MISC. No.79257 of 2023(3) dt.07-03-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIII, Bhagalpur.

(Partha Sarthy, J) Saurabh/- U T