Patna High CourtCR. MISC./13440/2023allowed

Babul Kumar @ Golu Kumar v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13440 of 2023 Arising Out of PS. Case No.-1063 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Babul Kumar @ Golu Kumar Son Of Gajendra Yadav R/V- Bhadaul, Ward No. 06, P.S.- Bharrahi, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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(1b)a, 26 of the Arms Act. The prosecution case relates to recovery of one pistol loaded with a magazine containing seven live cartridges and one mobile from the possession of this petitioner after that this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery nor motorcycle in

Patna High Court CR. MISC. No.13440 of 2023(2) dt.25-04-2023 2/2 question belongs to him. He has got no criminal antecedent. It is further submitted that the seizure list has not been prepared as per provision of u/s 100 of the Cr.P.C. moreover the petitioner is languishing in judicial custody since 10.11.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepura (Bharrahi O.P.) P.S. Case No. 1063 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 Chief Judicial Magistrate, Madhepura.

(Sunil Kumar Panwar, J) Manish/- U T