Patna High CourtCR. MISC./44329/2023allowed

Raja Hussain v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44329 of 2023 Arising Out of PS. Case No.-296 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== RAJA HUSSAIN SON OF NABI HUSSAIN RESIDENT OF VILLAGERANJITA DHANKHARIYA, WARD NO. 14, PS- HASIDHI, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== 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 regular bail in a case instituted for the offence under Sections 25(1-b)A and 26 of the Arms Act.

3. As per prosecution case, on receiving a secret information that the petitioner kept illegal weapon in his house, thereafter, the police personnel reached at that place. One search, there has been recovery of one loaded country-made pistol and two live cartridges from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the

Patna High Court CR. MISC. No.44329 of 2023(2) dt.28-07-2023 2/2 alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedent. He is languishing in judicial custody since 07.05.2023.

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 as well as the period of custody, 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 Court below in connection with Harsidhi P.S. Case No. 296 of 2023.

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