Patna High CourtCR. MISC./50425/2023allowed

Dhiraj Kumar @ Dhiraj Jha v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50425 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Dhiraj Kumar @ Dhiraj Jha Son Of Umesh Jha R/O-Asoi Lachhiram, P.S.- Bhagwanpur, Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections25(1-b)a, 26 and 35 of the Arms Act.

3. Prosecution case relates to recovery of one loaded country made pistol from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is simply a victim of false implication due to police maneuverings and village politics. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 25.4.2023.

Patna High Court CR. MISC. No.50425 of 2023(2) dt.11-08-2023 2/2

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, 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 CJM Vaishali at Hajipur in connection with Bhagwanpur PS Case No. 71 of 2023.

(Sunil Kumar Panwar, J) sushma/- U