Patna High CourtCR. MISC./49567/2023allowed

Suraj Kumar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49567 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- SONBERSA District- Sitamarhi ====================================================== SURAJ KUMAR SON OF SAHDEO MAHTO RESIDENT OF VILLAGE - JAINAGAR, P.S. - SONBARSA, DISTRICT - SITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Namrata Mishra For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol and one live cartridge 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. Only on the basis of suspicion, petitioner has implicated in the present case by the police. There is a major difference between

Patna High Court CR. MISC. No.49567 of 2023(2) dt.11-08-2023 2/2 the allegation made in the prosecution case and the contents of the seized articles, which is mentioned in the seizure list. He is languishing in judicial custody since 28.10.2022.

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 Sonbersa P.S. Case No. 390 of 2022.

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