Haribhajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56338 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- MATIHANI District- Begusarai ====================================================== Haribhajan Kumar Son Of Pankaj Kumar Village Shankarpur Bakhadda Ps Matihani District Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 Section 120B of the Indian Penal Code and Sections 25(1-b)A, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving a secret information that one person kept illegal weapon with him thereafter the police personnel reached at that place. One person apprehended and there has been recovery of one loaded countrymade pistol and two live cartridges from the waist the petitioner, one mobile phone and other article.

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

Patna High Court CR. MISC. No.56338 of 2023(3) dt.10-10-2023 2/2 alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. He is languishing in judicial custody since 18.04.2023.

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. 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 Judicial Magistrate-1st Class, Begusarai in connection with Matihani P.S. Case No. 51 of 2023.

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