Santosh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39167 of 2024 Arising Out of PS. Case No.-553 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Santosh Kumar Sah SON OF AWADH KISHOR SAH VILLAGESALARPUR, PS- PARBATTA, DIST- KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Parbatta P.S. Case No. 553 of 2023 lodge on 04.12.2023 under Section 25(1-b)a, 26, 35 of the Arms Act.
3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the present petitioner from whose possession country made pistol and live cartridges has been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the criminal antecedent of the petitioner is clean and the petitioner is in custody since 05.12.2023. He further submits that he has been made victim in this case at the
Patna High Court CR. MISC. No.39167 of 2024(2) dt.29-05-2024 2/2 instance of the police.
5. Learned APP for the State opposes the prayer for bail and submits that from the seizure list, it become crystal clear that from the possession of the petitioner one country made pistol and two live cartridges has been recovered and period of custody is of only six months
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner.
7. Petitioner is at liberty to renew his prayer for bail six month after framing of charge or three months from today, whichever in earlier.
(Dr. Anshuman, J) Sunnykr/- U