Patna High CourtCR. MISC./26551/2023allowed

Raushan Kumar v. The State Of Bihar

2023-05-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26551 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== RAUSHAN KUMAR Son of Late Ramjatan Paswan Resident of village - Koeribigha, P.S - Barbigha, Distt. - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 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 and 35 of the Arms Act.

Prosecution case relates to recovery of eight cartridges of 7.65 M.M. and a mobile of Realme Company were recovered from the house of the petitioner and he was apprehended on spot.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The said recovery has been made from the joint house of the petitioner. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner h as

Patna High Court CR. MISC. No.26551 of 2023(2) dt.23-05-2023 2/2 got no criminal antecedent and languishing in judicial custody since 31.01.2023.

The application for bail is opposed by learned APP for the State.

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 CJM, Sheikhpura in connection with Barbigha P.S. Case No. 53 of 2023.

(Sunil Kumar Panwar, J) sushma/- U