Patna High CourtCR. MISC./46157/2023allowed

Santosh Paswan v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46157 of 2023 Arising Out of PS. Case No.-288 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== SANTOSH PASWAN Son of Vijay Paswan Resident of village - Kurmi Pokrha, P.S. - Nabinagar, Distt. - Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 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, there has been recovery of one country-made pistol and three 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 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 antecedents. The

Patna High Court CR. MISC. No.46157 of 2023(2) dt.04-08-2023 2/2 provision of Section 100 of the Cr.P.C. has not followed in this case. He is languishing in judicial custody since 12.10.2019.

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 Navinagar P.S. Case No. 288 of 2019.

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