Patna High CourtCR. MISC./56977/2023allowed

Nitish Kumar v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56977 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== NITISH KUMAR SON OF SONELAL YADAV RESIDENT OF VILLAGE - PIPRA DEWAS, P.S. - BARAUNI, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 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 25(1-b)a, 26(i)(ii) and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol and one live cartridge from the possession of 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, petitioner has falsely implicated in the present case by the police. The provision of Section 100

Patna High Court CR. MISC. No.56977 of 2023(2) dt.08-09-2023 2/2 of the Cr.P.C. has not followed in this case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.05.2023.

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 Court below in connection with Barauni P.S. Case No. 266 of 2023.

(Sunil Kumar Panwar, J) arish/- U