Kurban Miya @ Bullet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49476 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Kurban Miya @ Bullet S/o Mukhtar Miyan R/o vill - Jagordaro Bankata, P.s. - Bhore, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

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 and Section 37 of Bihar Prohibition and Excise Amendment Act.

As per allegation in the F.I.R, petitioner was apprehended in drunken state and on search, one country made pistol and two live cartridges have been recovered from his possession.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.49476 of 2024(2) dt.20-07-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern either with the alleged recovery. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 03.04.2024.

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

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, after framing of charge, if not framed, in connection with Bhore P.S. Case No. 78 of 2024 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 Additional Sessions Judge

Patna High Court CR. MISC. No.49476 of 2024(2) dt.20-07-2024 3/3 XIII, Gopalganj.

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