Patna High CourtCR. MISC./52820/2023allowed

Priyanshu Kumar v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52820 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== PRIYANSHU KUMAR S/O SATYENDRA MAHATO RESIDENT OF WARD N0. 03, CHHOTI RANI SAKARPURA, RANI, PO- RANI SAKARPURA, PS- KHAGARIA, DIST- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 25(1-b)a, 26 & 35 of the Arms Act.

3. According to the FIR, the petitioner along with coaccused was said to have been apprehended and at their instance, one loaded country made pistol was recovered.

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. The petitioner has no concerned with the alleged arms seized by the police. It is further submitted that the seizure list witness are police officials,

Patna High Court CR. MISC. No.52820 of 2023(4) dt.28-11-2023 2/2 not a single independent witness which violates section 100 of Cr.P.C. It is further submitted that the petitioner is languishing in judicial custody since 1.6.2023.

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 period 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 Bakhri P.S. Case No. 224 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, Begusarai. (Sunil Kumar Panwar, J) Amandeep/- U T