Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.171 of 2024 Arising Out of PS. Case No.-424 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
SURAJ KUMAR Son of Ranjan Singh @ Ranjit Singh Resident of VillageBaruna, PS- Fatuha, Distt- Patna 2.
SAURABH KUMAR Son of Ram Pravesh Kumar @ Rampani Yadav Resident of Village- Baruna, PS- Fatuha, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rudal Prasad, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No.-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Bakhitiyarpur P.S. case No. 424 of 2023 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution story, in short, is that during checking, a three accused persons boarded on a motorcycle were apprehended on the spot. One search, two live cartridges and
Patna High Court CR. MISC. No.171 of 2024(2) dt.19-01-2024 2/3 one mobile phone was recovered from the possession of each of the petitioners.
4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 04.10.2023 and have no criminal antecedents. The petitioners have falsely been implicated in the present case. No specific overt act is alleged against these petitioners. The petitioners have no concern with the alleged recovery, rather the petitioners have been made accused in this case due to high handedness of the police officials. Learned counsel further submitted that the co-accused person, on similar footing, has already been granted bail by the co-ordinate Bench of this Court vide order dated 12.01.2024 passed in Cr. Misc. No. 86563 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Accordingly, let the above named petitioners be released on bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.171 of 2024(2) dt.19-01-2024 3/3 below/concerned Court in connection with Bakhitiyarpur P.S. case No. 424 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T