Murli Kumar @ Murli Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25525 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- SARAI District- Vaishali ====================================================== Murli Kumar @ Murli Thakur Son Of Late Madan Thakur R/O Village- Mani Bhakurahar, P.S.- Sarai, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 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 Sections 25(1-b)A/26/35 of the Arms Act. The prosecution case relates to recovery of one loaded country made pistol and one live cartridge on search of bed of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. Neither anything has been recovered from the conscious possession of the petitioner nor he has concern with alleged arms which were

Patna High Court CR. MISC. No.25525 of 2023(3) dt.07-08-2023 2/2 seized by the police. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. The petitioner is languishing in judicial custody since 04.02.2023.

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 Sarai P.S. Case No. 37of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XVI, Vaishali at Hajipur. (Sunil Kumar Panwar, J) lata/- U T