Suraj Kumar @ Adarsh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84338 of 2023 Arising Out of PS. Case No.-174 Year-2023 Thana- SARSI District- Purnia ====================================================== Suraj Kumar @ Adarsh Kumar Son of Sri Parmanand Sah Resident of Village - Kachahari Balua, P.S.- Sarsi, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Anand, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-b)a, and 26 of the Arms Act.
3. As per the F.I.R. one cartridge has been recovered from the possession of the co-accused Mithun Sharma who got apprehended and he disclosed that the said cartridge belongs to the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in
Patna High Court CR. MISC. No.84338 of 2023(2) dt.12-01-2024 2/2 nature. Petitioner name has transpired only on the confessional statement of the co-accused, Mithun Sharma. Petitioner has neither any concern with the recovered article nor with the coaccused. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, there is no specific overt act against the petitioner and clean antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sarsi P.S. Case No. 174 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) annpurna/- U T