Patna High CourtCR. MISC./49575/2023allowed

Ramparvesh Kumar @ Rampravesh Singh v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49575 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- BARHIYA District- Lakhisarai ====================================================== Ramparvesh Kumar @ Rampravesh Singh Son Of Late Balmiki Singh Resident Of Village Laldiyara, Ps- Pipariya, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 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), 26 and 35 of the Arms Act.

3. Prosecution case relates to recovery of one country made kata, two pistols and nine live cartridges from the house of co-accused Mithun Kumar, on the basis of of disclosure made by the petitioner in Pipariya PS Case No. 29 of 2023.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The said recovery has been made from the house of the co-accused Mithun Kumar and nothing has been recovered from the house or possession of the petitioner. Provision of Section 100 CR.P.C.

Patna High Court CR. MISC. No.49575 of 2023(3) dt.20-09-2023 2/2 has not been followed by the police officials while preparing the seizure list. The petitioner is languishing in judicial custody since 20.3.2023.

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 Judicial Magistrate 1st Class, Lakhisarai in connection with Barahiya P.S. Case No. 60 of 2023.

(Sunil Kumar Panwar, J) sushma/- U