Sumit Kumar @ Nanhe v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53937 of 2018 Arising Out of PS. Case No.-293 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Sumit Kumar @ Nanhe, Son of Satendra Pandey, Resident of VillageKhairatiya, Police Station- Manuapool, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Adya Singh, Advocate.

For the Opposite Party/s :

Mr. Sri Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Manuapool P.S. Case No. 293 of 2018 registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The accusation is that, in course of patrolling duty, 4 to 5 persons were seen in suspicious condition. Thereafter, police tried to apprehend them but they succeeded to flee away, while one person was apprehended, who disclosed his name as Rajan Mishra and also disclosed the name of his four associates including the name of petitioner. On search, Rajan Mishra was found in possession of one loaded country made pistol and one

Patna High Court Cr.Misc. No.53937 of 2018(2) dt.19-09-2018 2/2 live cartridge.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot rather his name has surfaced in the confessional statement of co-accused, Rajan Mishra. It is further submitted that petitioner is accused in one another case, in which, he is on bail and in the present case, he is in custody since 11.06.2018.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettia (Mufassil) Manuapool P.S. Case No. 293 of 2018. Out of two sureties, one surety must be the close relative of the petitioner.

(Hemant Kumar Srivastava, J) Bhardwaj/- U T