Saurabh Kumar @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53638 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SAURABH KUMAR @ MUKHIYA SON OF BABLOO MAHTO RESIDENT OF VILLAGE- PACHANMBA, WARD NO. 16, PSMUFFASIL (SINGHAUL OP),DISTT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 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 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and there has been recovery of one country-made pistol and two live cartridges from the possession of 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. Petitioner has apprehended on spot and

Patna High Court CR. MISC. No.53638 of 2023(2) dt.25-08-2023 2/2 he has no concern with the alleged arms and cartridges, which were seized by the police. On the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedents. The provision of Section 100 of the Cr.P.C. has not followed in this case, while preparing the seizure list. He is languishing in judicial custody since 29.04.2023.

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 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 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 Begusarai Muffasil P.S. Case No. 242 of 2023. (Sunil Kumar Panwar, J) arish/- U