Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36540 of 2023 Arising Out of PS. Case No.-428 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Aman Kumar S/O Amar Paswan R/O Vill. Bharatpur, Simali, PS. Malsalami, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 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 and 35 of the Arms Act.

As per prosecution case, the petitioner along with other co-accused persons were apprehended on the spot and from possession of this petitioner one loaded country made pistol and one live cartridge 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 police. The seizure list has not been prepared u/s 100 of Cr.P.C. Both the seizure list witnesses are police personnel. During course of investigation no any independent witness has

Patna High Court CR. MISC. No.36540 of 2023(2) dt.03-07-2023 2/2 supported the prosecution case. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 31.08.2022. 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 as well as period of 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 Parsa Bazar P.S. Case No. 428 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, Patna. (Sunil Kumar Panwar, J) lata/- U T