Saheb Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85668 of 2024 Arising Out of PS. Case No.-232 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Saheb Kumar S/o Ram Adhar Rai @ Ramadhar Rai R/o vill - Basudeopur Sarai (Mushhari Tola), P.S. - Sahebganj, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Sahebganj P.S. Case No. 232 of 2024, registered for the offences punishable under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the police got secret information that two persons on motorcycle are in suspcious condition at Gandhi Chowk, Sahebganj. When he along with some police personnel went there, they tried to escape but apprehended on the spot. On search, one country made pistol, one live cartridge and a mobile were recovered from the petitioner and two live cartridges and a mobile were recovered from another co-accused.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.85668 of 2024(2) dt.14-02-2025 2/2 the petitioner is innocent and has falsely been implicated in the present case on the instance of his village enemy. He submits that the allegation against the petitioner is false and concocted. It is also submitted that the petitioner has three criminal antecedent and he is on bail in the cases which have been mentioned in paragraph 3 of the bail application. He is in custody since 09.05.2024.

5. Learned APP has vehemently opposed the prayer for bail of the petitioner.

6. Considering the above mentioned facts and circumstances and the fact that the petitioner is under custody for about 9 months, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two surities of the like amount each to the satisfaction of learned J.M.-1st Class, Court No. 4, Muzaffarpur in connection with Sahebganj P.S. Case No. 232 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) priyanka/- U T