Patna High CourtCR. MISC./48951/2023allowed

Sanni Kumar v. The State Of Bihar

2023-08-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48951 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- SHAMBHUGANJ District- Banka ====================================================== SANNI KUMAR Son of Ram Chhabilal Yadav Resident of village - Khasbaggha, (Bagghakhas), P.s. - Shambhuganj, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 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, on receiving a secret information that one person kept illegal weapon with him thereafter the police personnel reached at that place. One person apprehended and there has been recovery of one loaded countrymade 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.

Patna High Court CR. MISC. No.48951 of 2023(2) dt.10-08-2023 2/2 Only on the basis of suspicion, petitioner has implicated in the present case by the police. The seizure list has not been prepared by the police in presence of any independent witness. He is languishing in judicial custody since 30.03.2023.

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 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 Shambhuganj P.S. Case No. 92 of 2023.

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