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Patna High CourtCR. MISC./65165/2023allowed

Sukhari Rai @ Raja Babu v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65165 of 2023 Arising Out of PS. Case No.-340 Year-2023 Thana- SONEPUR District- Saran ====================================================== SUKHARI RAI @ RAJA BABU SON OF AWADHESH RAI RESIDENT OF VILLAGE- MANPUR, PS- SONPUR, DISTT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b)a, 26(ii) of the Arms Act.

3. Prosecution case relates to recovery of one live cartridge and one loaded pistol from waist of the petitioner and he was arrested on spot.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Leg of petitioner is 75 % damaged, which is mentioned in para 10 of the petition. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 14.5.2023.

Patna High Court CR. MISC. No.65165 of 2023(2) dt.12-10-2023 2/2

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, this court is inclined to enlarge the petitioner on bail. 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 CJM, Saran at Chapra in connection with Sonpur P.S. Case No. 340 of 2023. (Sunil Kumar Panwar, J) sushma3/- U