Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88471 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- Kavaiya District- Lakhisarai ====================================================== Sanni Kumar S/o Sanjay Mandal R/o Village- Chhoti Kabaiya Lal Baba Gali, P.S.- Kabaiya, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-01-2025 Heard the parties.
2. The petitioner is in custody in connection with Kabaiya P.S. Case No. 197 of 2024 for the offence punishable under sections 25(1-b)a, 26 and 35 of Arms Act lodged on 14.09.2024 by the informant, Praveen Kumar.
3. As per the prosecution story, the informant alleged that on secret information, two persons including this petitioner were intercepted and upon search from Krishna Kumar, a loaded country made revolver was recovered/seized. Upon query, Krishna Kumar informed that this was provided to him by the petitioner. Accordingly, the FIR, arrest.
4. It is the case of the petitioner that he has absolutely no criminal antecedent, is in custody since 15.09.2024, there is no recovery from him, Krishna Kumar, from whom the recovery
Patna High Court CR. MISC. No.88471 of 2024(2) dt.08-01-2025 2/3 was made, only to implicate him, named him as a result whereof, he is in judicial custody.
5. Learned APP opposes the prayer for bail submitting that his name has come in the confession of Krishna Kumar.
6. Considering the aforesaid submissions as also the fact that the recovery/seizure is from Krishna Kumar, the petitioner has no criminal antecedent and he has been named by the said Krishna Kumar, is in custody since 15.09.2024, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Lakhisarai in connection with Kabaiya P.S. Case No. 197 of 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.88471 of 2024(2) dt.08-01-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T