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Patna High CourtCR. MISC./15885/2024allowed

Nitish Kumar v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15885 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- BARIYARPUR District- Munger ====================================================== Nitish Kumar, Son Of Sanjay Yadav, Resident Of Village-Pakrail, Binod Toli, Police Station-Maheshkhut, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vivekanand Singh, Adv.

For the State :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26(i)(ii), 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one country-made pistol and one live cartridge from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion and due to his criminal antecedent, petitioner has implicated in the present case by the

Patna High Court CR. MISC. No.15885 of 2024(2) dt.12-03-2024 2/2 police. He is languishing in judicial custody since 28.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Munger in connection with Bariyarpur P.S. Case No. 155 of 2023. (Sunil Kumar Panwar, J) Arish/- U T