Patna High CourtCR. MISC./32861/2023allowed

Bhola Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32861 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Bhola Kumar S/O- Ramesh Sahani Vill- Majurahan Ps- Raghunathpur O P Turkauliya Dist- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== 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(1b)a, 26, 35 of the Arms Act. As per FIR, the petitioner was apprehended on the spot and from his possession one live cartridge and one mobile 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 of the police. The petitioner has no concern with the alleged recovery and the seizure list has not been prepared as per

Patna High Court CR. MISC. No.32861 of 2023(2) dt.24-06-2023 2/2 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 19.02.2023.

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 Kotwa P.S. Case No. 58 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran Motihari.

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