Jaypan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55407 of 2023 Arising Out of PS. Case No.-125 Year-2023 Thana- NEMDARGANJ District- Nawada ====================================================== Jaypan Kumar Son Of Ajay Yadav @ Ajay Kumar Village Chhotki Amwan Police Station Nemdarganj District Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 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 section 25(1-b)a, 26 of Arms Act.

According to the FIR, the petitioner was arrested and on the basis his disclosure, one country made pistol is alleged to have recovered from his house. The alleged pistol is said to be used in the another offence.

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 concern with the alleged arms which was seized by the police. Nothing has been recovered from conscious possession of the

Patna High Court CR. MISC. No.55407 of 2023(2) dt.29-08-2023 2/2 petitioner rather the recovery pistol was planted one with ulterior motive. It is also submitted that for the same occurrence one another case Nemadraganj P.S. Case No. 124 of 2023 has also been lodged against the petitioner. Moreover, the petitioner is languishing in judicial custody since 3.6.2023. 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 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 Nemdarganj P.S. Case No.125 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 Judicial Magistrate, 1st Class, Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T