Patna High CourtCR. MISC./53597/2023allowed

Gautam Kumar v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53597 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Gautam Kumar Son Of Arvind Sardar Resident Of Village- Jitpur, Ward No 02, Ps- Shankarpur, Distt- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular 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 and 35 of Arms Act.

3. The allegation against the petitioner is that one country made musket along with three live cartridges and one mobile phone was recovered from his possession.

4. 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 highhandedness of the police. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court

Patna High Court CR. MISC. No.53597 of 2023(3) dt.31-10-2023 2/2 vide order dated. 30.08.2023. in Cr. Misc. No. 55252 of 2023 and 55538 of 2023. Moreover, the petitioner is languishing in judicial custody since 07.04.2023.

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

6. 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 Triveniganj P.S. Case No. 137 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 Sessions Judge, Supaul. (Sunil Kumar Panwar, J) Shubham/- U T