Jalandhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15021 of 2023 Arising Out of PS. Case No.-806 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Jalandhar Kumar Son Of Late Chalitar Yadav @ Charita Yadav R/V- Kare, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Asha Kumari For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No. 806 of 2022 registered for the offence under Sections 25(1-b)a/26/35 of Arms Act.

According to FIR, allegation against the petitioner along with co-accused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, three live cartridges were recovered from possession of this petitioner. Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged cartridges which were seized by the

Patna High Court CR. MISC. No.15021 of 2023(3) dt.23-06-2023 2/2 police. It is further submitted that the seizure list witness are police officials not a single independent witness which violates the provision of Cr.P.C. Moreover, similarly situated co-accused namely, Mannu Yadav has already been granted bail by this Court vide order dated 20.4.2023 passed in Cr. Misc. No. 11142 of 2023. The petitioner has got no criminal antecedent and languishing in judicial custody since 17.12.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura P.S. Case No. 806 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura/ concerned Court.

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