Bajrangi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6778 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Bajrangi Kumar S/O Pappu Nishad @ Pappu Mahto Resident Of VillageSimarighat Bind Toli, P.S.- Barauni, District- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 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, 35 of Arms Act.

It is a case of recovery of one country made pistol and seven live cartridges from sand near the house of co-accused Vijay Mahto and one loaded country made pistol from the possession of Sanjiv Kumar. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.6778 of 2023(2) dt.01-05-2023 2/3 falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no independence witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 18.04.2022. Similarly situated co-accused has been granted bail vide order dated 23.12.2022, passed in Cr. Misc. No. 50505 of 2022 by the co-ordinate Bench of this Court.

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 Barauni P.S. Case No. 168 of

Patna High Court CR. MISC. No.6778 of 2023(2) dt.01-05-2023 3/3 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 C.J.M., Begusarai. (Sunil Kumar Panwar, J) Nirajkrs/- U T