Mukesh Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54247 of 2023 Arising Out of PS. Case No.-468 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Mukesh Mukhiya Son Of Jitan Mukhiya Resident Of Village - Korahia, P.S. - Jainagar, Distt. - Madhubani ... ... 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.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 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(1b)a, 26, 35, 27 of the Arms Act. As per prosecution case, the petitioner was apprehended on the spot and from whose possession one country made pistol and one empty cartridge were 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 officials. The petitioner has no concern with
Patna High Court CR. MISC. No.54247 of 2023(2) dt.28-08-2023 2/2 the alleged recovery and the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C.. It is further submitted that the petitioner is languishing in judicial custody since 20.11.2022.
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 Jaynagar P.S. Case No. 468 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 Judicial Magistrate, Ist Class Madhubani, District Madhubani. (Sunil Kumar Panwar, J) Manishkumar/- U T