Patna High CourtCR. MISC./54995/2023allowed

Shambhu Sah v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54995 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== Shambhu Sah Son Of Mishrilal Shah Resident Of Village - Garha Rampur Ward No.7, P.S. - Shankarpur, District - Madhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399/402 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of two country-made pistols and six live cartridges from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion and due to his criminal antecedents, petitioner has implicated in the present case by the

Patna High Court CR. MISC. No.54995 of 2023(3) dt.08-11-2023 2/2 police. Further, it is submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 30.08.2023 passed in Cr. Misc. No. 55252 of 2023. He is languishing in judicial custody since 07.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Supaul in connection with Triveniganj P.S. Case No. 137 of 2023.

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