Patna High CourtCR. MISC./59467/2023allowed

Suraj Kumar @ Suraj Kumar Sah v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59467 of 2023 Arising Out of PS. Case No.-418 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Suraj Kumar @ Suraj Kumar Sah S/O Late Jai Prakash Sah R/O - Medical College, Sirsa, Ps- Muffasil, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Uma Shankar Prasad Singh ====================================================== 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 registered for the offence punishable under sections 25(1-b)a/26 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with two live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the alleged recovery from the petitioner is said to be planted one and also the provision of 100 Cr.P.C. has not been followed in this case while preparing seizure list. Moreover, the petitioner is

Patna High Court CR. MISC. No.59467 of 2023(2) dt.08-09-2023 2/2 languishing in judicial custody since 07.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody 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 Katihar Nagar P.S. Case No. 418 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 C.J.M., Katihar.

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