Patna High CourtCR. MISC./51888/2023allowed

Lalu Kumar v. The State Of Bihar

2023-08-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51888 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- BARH District- Patna ====================================================== Lalu Kumar Son Of Pramod Yadav R/O-Dalisaman Chak, P.S.-BARH, Distt.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 and Sections 25(1-b)a, 26 of the Arms Act.

As per prosecution case, the petitioner was apprehended on the spot and from whose possession one country made pistol along with one motorcycle was recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to high handedness of the police. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.51888 of 2023(2) dt.25-08-2023 2/2 recovery rather he was a passerby. As per para-3 of the prosecution case, the petitioner has got no criminal antecedent. It is further submitted that the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C., Moreover, the petitioner is languishing in judicial custody since 03.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barh P.S. Case No. 266 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Ist Barh, District Patna.

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