Patna High CourtCR. MISC./47311/2023allowed

Niraj Kumar v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47311 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Niraj Kumar Son Of Vinod Das R/O-Dostiya Tola, P.S.-SONBARSA, DisttSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

3. It is a case of recovery of one country made pistol and one live cartridges from the shop of petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.47311 of 2023(3) dt.06-11-2023 2/3 falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 26.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sonbarsa P.S. Case No. 155 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st

Patna High Court CR. MISC. No.47311 of 2023(3) dt.06-11-2023 3/3 Class, Sitamarhi/ concerned Court.

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