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Patna High CourtCR. MISC./14402/2023allowed

Randhir Kumar v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14402 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Randhir Kumar S/O Sunil Kumar Sah R/V- Jitwariya Lakshrampur, Dharampur, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Thakur For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== 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 Section 393 of I.P.C. and Section 25(1-b)a, 26 of Arms Act.

It is a case of recovery of one country made pistol containing one live cartridge and other incriminating articles from the possession of the petitioner.

Patna High Court CR. MISC. No.14402 of 2023(2) dt.27-04-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that petitioner is suffering from mental illness and his treatment is going on from before the alleged occurrence. Moreover, the petitioner is languishing in judicial custody since 11.12.2022. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

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 Samastipur (Town) P.S. Case No. 337 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.14402 of 2023(2) dt.27-04-2023 3/3 amount each to the satisfaction of the learned C.J.M., Samastipur.

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