Patna High CourtCR. MISC./44505/2023disposed

Punit Kumar @ Putna v. The State Of Bihar

2023-07-26Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44505 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- PHULWARIA District- Begusarai ====================================================== Punit Kumar @ Putna, S/O Ramakant Singh, R/O Village- Madhurapur, Ojha Tola, P.S.- Teghra, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Phulwaria P.S. Case No. 42 of 2023 dated 23.02.2023 registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has been languishing in jail since 24.02.2023, though against him there are criminal antecedent of five cases but he has got bail in all the said cases and as per the prosecution's allegation, one loaded country-made pistol is stated to have been recovered from his possession but the said allegation is completely false and moreover, the recovery was made before police personnel who

Patna High Court CR. MISC. No.44505 of 2023(2) dt.26-07-2023 2/2 have been made witnesses of the search and seizure and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's custody period and also the fact that the recovery of the alleged firearm was made before police personnel who have been made witnesses of the search and seizure and against him the investigation has been completed, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail, after framing of charge, on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Phulwaria P.S. Case No. 42 of 2023.

(Shailendra Singh, J) annu/- U T