Sanjay Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50040 of 2023 Arising Out of PS. Case No.-76 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== Sanjay Vishwakarma Son Of Ramswarup Vishwakarma Resident Of Village - Kirpa Bigha, P.S. - Rajgir, District - Nalanda ... ... Petitioner/S

Versus

The State Of Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 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 sections 25(1aa)a, 26(i)(ii), 35 of the Arms Act. As per FIR, the prosecution case relates to recovery of parts of illegal arms i.e. three pellets and three cartridges from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of dirty village politics. The petitioner has no concern with the

Patna High Court CR. MISC. No.50040 of 2023(2) dt.11-08-2023 2/2 alleged recovery nor he was apprehended on the spot. It is further submitted that no specific arms have been recovered from his conscious possession rather parts of illegal arms were recovered which were not recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 25.01.2023. 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 Rajgir P.S. Case No. 76 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Nalanda Biharsharif.

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