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Patna High CourtCR. MISC./44953/2023allowed

Bhogi Mehta v. The State Of Bihar

2023-07-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44953 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- NIRMALI District- Supaul ====================================================== BHOGI MEHTA SON OF LATE RAM PRASAD MEHTA RESIDENT OF VILLAGE- MAJHARI WARD NO 8, PS- NIRMALI, DISTT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 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 deshi pistol and six live cartridges loaded in its magazine from the jeans pocket 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 blank paper and the same was later on manufactured as seizure list by the police party. In fact nothing was recovered from possession of the petitioner but police apprehended him and implicated him in the present case

Patna High Court CR. MISC. No.44953 of 2023(2) dt.28-07-2023 2/2 by showing false recovery of arms. Petitioner is languishing in judicial custody since 23.10.2022.

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 1st Class, Birpur, Supaul in connection with Nirmali PS Case No. 213 of 2022.

(Sunil Kumar Panwar, J) amandeep/- U