Patna High CourtCR. MISC./42555/2023allowed

Binod Kumar v. The State Of Bihar

2023-07-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42555 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== BINOD KUMAR SON OF LATE SUDAMA SINGH RESIDENT OF VILLAGE - EAST LOHANIPUR RAILWAY HUNDER ROAD, PSKADAMKUAN, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b)a, 26 of the Arms Act.

3. Prosecution case relates to recovery of one loaded country made pistols, four live cartridges were recovered from possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Police took signature of the petitioner on plain paper and the same was later on manufactured as seizure list. Provision of Section 100 CR.P.C. has not been followed by the police officials while

Patna High Court CR. MISC. No.42555 of 2023(2) dt.21-07-2023 2/2 preparing the seizure list. Petitioner is languishing in judicial custody since 27.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Judicial Magistrate, 1st Class, Patna in connection with Kadamkuan P.S. Case No. 116 of 2023.

(Sunil Kumar Panwar, J) sushma/- U