Patna High CourtCR. MISC./52865/2022allowed

Kumar Saurabh v. The State Of Bihar

2023-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52865 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- KOPA District- Saran ====================================================== Kumar Saurabh Son Of Ram Ishwar Chaudhari R/O Village - Neuri Lodipur, P.S.- Belaganj, District- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Durgesh Nandan For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 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(1-b)a, 26, 35 of the Arms Act.

Prosecution case relates to recovery of one automatic loaded pistol with three live cartridge in a bag from bush. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been made accused in this present case. It is further submitted that petitioner has no concern with the alleged recovery of seized pistol or nothing incriminating has been recovered from his conscious possession rather his name is transpired in this case on the basis of confession made by the

Patna High Court CR. MISC. No.52865 of 2022(3) dt.12-01-2023 2/2 petitioner himself before the police. It is further submitted that the petitioner is languishing in judicial custody since 11.5.2022. 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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kopa P.S. Case No. 74 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 1st Class, Saran.

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