Om Prakash @ Om Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8170 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- DAWATH District- Rohtas ====================================================== Om Prakash @ Om Prakash Singh Son Of Ramesh Singh R/O VillageMirjapur, P.S.- Dawath, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in brief, is that the informant along with police personnel raided the house of the co-accused Brijesh Kishore Yadav and apprehended him who disclosed the name of the petitioner. Upon search, two country made pistols along with seven live cartridges were recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner has no concern with the alleged arms which was

Patna High Court CR. MISC. No.8170 of 2023(2) dt.12-04-2023 2/2 seized by the police from house of co-accused Brij Kishor Yadav. It is further submitted that only material against the petitioner is his self confessional statement before the police in connection with Bikramganj P.S. Case No. 235 of 2022 which is inadmissible in the eye of law. Moreover, the petitioner is languishing in judicial custody since 12.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dawath P.S. Case No. 125 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class Bikramganj, Rohtas. (Sunil Kumar Panwar, J) Amandeep/- U T