Patna High CourtCR. MISC./43136/2023allowed

Mukesh Kumar v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43136 of 2023 Arising Out of PS. Case No.-123 Year-2023 Thana- SILAO District- Nalanda ====================================================== Mukesh Kumar S/O Sri Jagdish Prasad R/O Rangila Bigha, P.S- Nalanda, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 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 Section 25(1-B) a, 35 of the Arms Act.

There is recovery of one country made riffle from the possession of co-accused Subodh Kumar. He disclosed during interrogation that he took the said riffle from the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.43136 of 2023(3) dt.28-07-2023 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The recovery of riffle was not made from the possession of the petitioner, rather from the possession of co-accused Subodh Kumar, who was inimical terms with the petitioner and he took the name of the petitioner. Nothing incriminating material was recovered from the possession of the petitioner. The petitioner is languishing in custody since 27.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 Judicial Magistrate, 1st Class, Biharsharif, Nalanda in connection with Silao P.S.

Patna High Court CR. MISC. No.43136 of 2023(3) dt.28-07-2023 3/3 Case No. 123 of 2023.

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