Sajjan Kumar @ Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84230 of 2019 Arising Out of PS. Case No.-412 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SAJJAN KUMAR @ SAJAN KUMAR Son of Breej Kumar Paswan Resident of Village- Malti, P.S.- Ujiarpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.(Dr.) Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 19.08.2019 in a case registered for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise, Act, 2016. Prosecution case is that four persons were apprehended and from the possession of other co-accused persons arms and ammunition were recovered while from the possession of the petitioner, 6.93 litres of Indian Made Foreign

Patna High Court CR. MISC. No.84230 of 2019(2) dt.18-12-2019 2/3 Liquor were recovered.

It is submitted by learned counsel for the petitioner that the co-accused, Ravi Ranjan Kumar, Suman Kumar and Manish Kumar from whose possession arms and ammunition were recovered, have been granted bail by different benches of this Court vide order dated 04.11.2019 and 23.10.2019 passed in Criminal Miscellaneous Nos. 67057 of 2019 and 66020 of 2019 respectively. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent and the investigation has already been concluded.

Learned APP for the State submits that the said recovery has been made from the possession of the petitioner. Considering the fact that the co-accused from whose possession arms and ammunition were recovered, have been granted bail by different benches of this Court, the investigation already being concluded, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge, Excise Act,

Patna High Court CR. MISC. No.84230 of 2019(2) dt.18-12-2019 3/3 Samastipur, in connection with Samastipur Muffasil P.S. Case No. 412 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T