Patna High CourtCR. MISC./4400/2024allowed

Mister Kumar v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4400 of 2024 Arising Out of PS. Case No.-770 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Mister Kumar Son of Upendra Paswan R/o vill - Musharniya, ward no. 2, P.s. - Salkhua, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1b)a, 26, 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot, on search one unloaded country made pistol and one motorcycle were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. The petitioner has no concern with the alleged recovery rather he has been made accused in this case. From

Patna High Court CR. MISC. No.4400 of 2024(3) dt.21-03-2024 2/2 perusal of the impugned order, it appears that the recovered motorcycle belongs to the family member of the petitioner, namely, Ganesh Paswan. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharsa Sadar P.S. Case No. 770 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa.

(Sunil Kumar Panwar, J) Subham/- U T