Patna High CourtCR. MISC./48622/2023allowed

Nitish Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48622 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- NEMDARGANJ District- Nawada ====================================================== Nitish Kumar Son Of Jagdish Prasad @ Jagdish Pd. Verma Resident Of Village - Darji Tola, Par Nawada, P.S. - Nawada, District - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== 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 bail in a case registered for the offence punishable under sections 25 (1-b)a and 26 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistol and two cartridges from the house of the petitioner for which petitioner could not produce any document.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case without any fault of his part. While petitioner was returning to his home, he was arrested in way by the police showing the false recovery from his house. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list.

Patna High Court CR. MISC. No.48622 of 2023(2) dt.04-08-2023 2/2 Petitioner has got no criminal antecedent and languishing in judicial custody since 17.04.2023.

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 ACJM II, Nawada in connection with Nemdarganj P.S. Case No. 54 of 2023.

(Sunil Kumar Panwar, J) sushma/- U