Patna High CourtCR. MISC./14690/2023allowed

Rupesh Kumar v. The State Of Bihar

2023-04-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14690 of 2023 Arising Out of PS. Case No.-706 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== RUPESH KUMAR SON OF KAMESWAR SINGH R/O VILLAGE- JAYA, P.S.- GAYGHAT, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Punam Shrivastava For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b) (a)/26 of the Arms Act.

Prosecution case relates to acting on a tip off, police party proceeded towards the place of occurrence and apprehended the petitioner after chase. On search, one country made pistol loaded with two live cartridges were recovered from possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The alleged recovery is planted one by the police mechanism. No provision of Section 100 Cr.P.C. has been followed in preparing the

Patna High Court CR. MISC. No.14690 of 2023(2) dt.28-04-2023 2/2 seizure list. Petitioner is languishing in judicial custody since 19.10.2022.

The application for bail is opposed by learned APP for the State and submitted that petitioner has two criminal antecedents. 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 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 (west), Muzaffarpur in connection with Kanti Muzaffarpur P.S. Case No. 706 of 2022.

(Sunil Kumar Panwar, J) sushma/- U