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Patna High CourtCR. MISC./44957/2023allowed

Mukul Kumar @ Srikant Kumar @ Vicky @ Bhagina v. The State Of Bihar

2023-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44957 of 2023 Arising Out of PS. Case No.-633 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Mukul Kumar @ Srikant Kumar @ Vicky @ Bhagina Son Of Anil Ray Resident Of Village -DHIGHI Kala Purvi, Ps- Sadar Hajipur, Distt- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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 399, 402 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, the petitioner was apprehended on the spot and from whose possession one loaded country made pistol and one live cartridge were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to several criminal

Patna High Court CR. MISC. No.44957 of 2023(3) dt.29-08-2023 2/2 antecedents. The petitioner has no concern with the alleged recovery and the 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 23.08.2022.

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. The above named petitioner is directed to be released on bail in connection with Hajipur Town P.S. Case No. 633 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur.

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