Sunny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1336 of 2023 Arising Out of PS. Case No.-709 Year-2020 Thana- MAHUA District- Vaishali ====================================================== SUNNY KUMAR Son of Bhikhari Ram Resident of village - Narayanpur, P.S.- Mahua, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-01-2023 Heard the parties.
Petitioner has renewed his prayer for regular bail in connection with Sessions Trial No. 615 of 2022 arising out of Mahua PS Case No. 709 / 2020 registered under Section 25 (1A), 25(1-AA) / 25(1-b)A, 26 (1)(2)(3) , 35 of the Arms Act inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide Cr. Misc. 55077 / 2021 by order dated 09.05.2022 with liberty to the petitioner to renew his prayer for bail afresh after completion of two years in custody. Learned counsel for the petitioner submits that petitioner is in custody since 18-12-2020 and by now petitioner has completed two years in custody.
As per the prosecution story Police on the basis of secret information that petitioner and along with other accused
Patna High Court CR. MISC. No.1336 of 2023(2) dt.11-01-2023 2/3 persons were running mini gun factory in his house, proceeded towards the place of occurrence and raided the house of the petitioner and upon search several semi manufactured weapons and materials for manufacturing of gun were recovered from the house of the petitioner.
Learned counsel for the petitioner submits that petitioner has got no criminal antecedent, he is in custody since 18/12/2020 and the co-accused persons namely, Chandan Kumar, Mohan Kumar and Rahul Kumar have been granted bail by this Court vide Cr. Misc. Nos. 38147 / 2021 , 31463 / 2021 & 39370 / 2021 respectively.
Regard being had to the submissions made by the parties, taking into consideration the fact that petitioner has got no criminal antecedent, he is in custody since 18-12-2020, other co-accused persons have been granted bail by this court and this is 2nd attempt for bail, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000 /- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XIII, Vaishali in connection with Sessions Trial No. 615 / 2022 arising out of
Patna High Court CR. MISC. No.1336 of 2023(2) dt.11-01-2023 3/3 Mahua P.S. Case No. 709 / 2020 on the following condition :- (i) that the petitioner shall remain physically present on each and every date during the course of trial and in case of default on two consecutive dates, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J) praful/- U T