Ghanshyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34529 of 2023 Arising Out of PS. Case No.-267 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GHANSHYAM KUMAR S/O UDAY RAI R/O Village- Mathihani, P.SMatihani, Distt.- Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State.
The petitioner is languishing in custody in a case registered for the offences punishable under Sections 414, 34 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act.
There is recovery of one live cartridge from the possession of the petitioner.
It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the alleged arm which was seized by the police. Provision of Section 100 Cr.P.C. has not been followed by the police personnel while preparing the seizure list. Similarly situated co-
Patna High Court CR. MISC. No.34529 of 2023(4) dt.01-11-2023 2/2 accused namely, Gulshan Kumar has already been enlarged on bail by this Bench vide order dated 08.09.2023 passed in Cr. Misc. No. 65992 of 2023. The petitioner is languishing in custody since 20.04.2023.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Nagar P.S. Case No. 267 of 2023.
(Sunil Kumar Panwar, J) lata/- U T