Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9016 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- BACHHWARA District- Begusarai ====================================================== Santosh Kumar S/o Pramod Singh @ Pramaod Singh, R/o Rajapur, P.S. -Singhaul (O.P.), District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Gautam, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 271 of 2023 lodged on 28.08.2023 under Sections 25(1-B)a/26/35 of the Arms Act.

3. As per the prosecution case, the present FIR has been lodged against three named accused persons including the petitioner on recovery of one loaded country made pistol and one mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 28.08.2023 and is accused in three more criminal cases. Out of three cases, in two cases, he has been granted bail while in one case, he is persuading for bail. He is ready to fulfill whatsoever the condition may be imposed.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.9016 of 2024(2) dt.20-02-2024 2/2 for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the petitioner is accused in three more criminal cases.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

7. The learned court below shall release the petitioner on bail only after six months of framing of charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :- (i) Begusarai Mufassil P.S. Case No.496/2019. (ii) Begusarai Mufassil P.S. Case No. 254/2023. (iii) Bachhwara P.S. Case No. 257/2023.

(Dr. Anshuman, J) Ashwini/- U T