Patna High CourtCR. MISC./32001/2023allowed

Mintu Kumar @ Gachi v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32001 of 2023 Arising Out of PS. Case No.-685 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== MINTU KUMAR @ GACHI Son of Late Banarashi Paswan Resident of village - Gachi Tola, ward no. 32, P.S. - Town Begusarai, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 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(1-b)a, 26 of Arms Act.

The prosecution case, in brief, is that the informant along with police personnel raided the house of the petitioner and recovered one country made pistol with misfired cartridges under the bed of the petitioner. Accordingly, the seizure list has been prepared in accordance with law.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged arms which was seized by the police.

Patna High Court CR. MISC. No.32001 of 2023(2) dt.24-06-2023 2/2 Nothing has been recovered from conscious possession of the petitioner. It is further submitted that the seizure list witness are police officials, not a single independent witnesses which violates section 100 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 15.11.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Begusarai Town P.S. Case No. 685 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. 1st Class, Begusarai.

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