Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14310 of 2023 Arising Out of PS. Case No.-465 Year-2022 Thana- SIRDALA District- Nawada ====================================================== Bipin Kumar Son Of Rajendra Prasad @ Rajendra Prasad Yadav Resident Of Village- Bhalua, P.S.- Sirdalla, District- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 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, 35 of Arms Act. It is a case of recovery of one country made pistol and two live cartridges from the possession of petitioner and other co-accused persons.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 08.08.2022. Similarly situated co-accused,
Patna High Court CR. MISC. No.14310 of 2023(2) dt.27-04-2023 2/2 namely, Kaushal Kumar has been granted bail vide order dated 20.02.2023, passed in Cr. Misc. No. 61722 of 2022 by 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 Sirdalla P.S. Case No. 465 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 Judicial Magistrate, 1st Class, Nawada.
(Sunil Kumar Panwar, J) Nirajkrs/- U T