Nitish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20720 of 2023 Arising Out of PS. Case No.-656 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Nitish Singh Son Of Kameshwar Singh R/O Chanakya, Colony, Parsa Bazar, Post Office- Kurthaul P.S- Parsa Bazar Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 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 section 25(1b)a/26/35 of the Arms Act. As per prosecution case, while informant along with police party was doing vehicle checking in the meantime petitioner along with other co-accused persons apprehended and from possession of co-accused, namely, Manish Kumar one live cartridge and other articles recovered and from the possession of the petitioner one mobile phone recovered 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

Patna High Court CR. MISC. No.20720 of 2023(2) dt.12-04-2023 2/2 falsely been implicated in this case. Petitioner has not been arrested on the spot and nothing incriminating article has been recovered from his conscious possession rather live cartridge was recovered from co-accused. Seizure list has not been prepared as per provision of Cr.P.C.. It is further submitted that petitioner has not got any criminal antecedent moreover, he is languishing in judicial custody since 28.11.2022. 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 Parsa Bazar P.S. Case No. 656 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 Judicial Magistrate, Ist Class, Patna. (Sunil Kumar Panwar, J) Manish/- U T