Surendra Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5450 of 2023 Arising Out of PS. Case No.-164 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== Surendra Ram Son Of Late Hira Ram R/V- Thothara, P.S- Rajepur, Dist- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26 of Arms Act. It is a case of recovery of country made pistol from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that petitioner has no concern with the alleged seized country made pistol. The charge sheet has been submitted in this case and there is no chance of tampering with the evidence.
Patna High Court CR. MISC. No.5450 of 2023(2) dt.07-04-2023 2/2 Moreover, the petitioner is languishing in judicial custody since 09.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Rajepur P.S. Case No. 164 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari.
(Sunil Kumar Panwar, J) nirajkrs/- U T