Nanhku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12678 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Nanhku Sah Son of Mahadeo Sah Resident of Village- Chamanpur, P.S.- Sheohar, Distt.-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Vaishnavi Singh, Advocate For the State :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sheohar P.S. Case No. 155 of 2023 instituted for the offence under Sections 25(1-B)a & 26 of the Arms Act. 3.

As per the prosecution case, there is recovery of total three country made pistol and seven live cartridges from the house of the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-08-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.12678 of 2024(2) dt.01-03-2024 2/2 counsel that petitioner has been falsely implicated in the present case. On the basis of confessional statement of petitioner and one Munchun Paswan, which was taken in the police custody, raid was conducted. The recovery is made from the joint property of the petitioner. Petitioner is on inimical term with the local Mukhia, due to which he has been dragged in the instant case. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of implication, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheohar P.S. Case No. 155 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T