Patna High CourtCR. MISC./50260/2023allowed

Umesh 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.50260 of 2023 Arising Out of PS. Case No.-224 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Umesh Kumar Son Of Ramsharan Mahto Resident Of Village- And PoBelsandi, Ps- Gaunaha, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== 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 bail in a case registered for the offence punishable under sections 399, 402 of the Indian Penal Code and sections 25(1-b)a,26/35 of the Arms Act.

3. Prosecution case relates to recovery of one mobile, one country made katta and two cartridges from possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The alleged recovery is planted one by the police officials. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is

Patna High Court CR. MISC. No.50260 of 2023(2) dt.11-08-2023 2/2 languishing in judicial custody since 20.5.2023.

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 S.D.J.M. Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 224 of 2023.

(Sunil Kumar Panwar, J) sushma/- U