Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44075 of 2023 Arising Out of PS. Case No.-288 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== BABLU KUMAR S/O SURENDRA SAH R/O Village- Champapur, P.SRamgarhwa, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 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(1b)a, 26, 35 of the Arms Act. As per prosecution case, the petitioner was apprehended on the spot and from his possession one country made pistol loaded with one live cartridge were recovered. It is further alleged that two live cartridges were also recovered from pants of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.44075 of 2023(2) dt.21-07-2023 2/3 falsely been implicated in this case due to high handedness of the police officials. The petitioner has no concern with the alleged recovery and seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.. It is further submitted that the petitioner is languishing in judicial custody since 05.03.2023.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge, if charge has not been framed as yet. The above named petitioner is directed to be released on bail in connection with Turkauliya P.S. Case No. 288 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran at Motihari.

(Sunil Kumar Panwar, J) lata/- U

Patna High Court CR. MISC. No.44075 of 2023(2) dt.21-07-2023 3/3