Balak Kumar @ Badal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26319 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- DHARHARA District- Munger ====================================================== Balak Kumar @ Badal Son Of Sri Basisth Mahto Resident Of Village - Khatwa Bind Toli, P.S. - Mednichouki, District - Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 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 sections 25(1b)a, 26(ii), 35 of the Arms Act. As per prosecution case, the petitioner was apprehended on the spot and from his possession one country made pistol along with magazine, one live cartridge and one Oppo mobile phone were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness

Patna High Court CR. MISC. No.26319 of 2023(3) dt.24-07-2023 2/2 of the police officials. The petitioner has no concern with the alleged recovery and seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 11.12.2022.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dharahra P.S. Case No. 234 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 J.M., Ist Class, Munger.

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