Arjun Kumar Sah @ Arjun Kumar Sha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59605 of 2022 Arising Out of PS. Case No.-265 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== ARJUN KUMAR SAH @ ARJUN KUMAR SHA SON OF JAYRAM PRASAD SAH @ JAY RAM SAH Resident of Village- Sharifganj, G.F. Rahman Colony, P.S.- Nagar Sahayak, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Katihar Town P.S. Case No. 265 of 2022, registered for the offence punishable under Sections 25(i-b)a/26 of the Arms Act.

The accusation is regarding the informant along with his police force having apprehended the petitioner and upon search, one country made semi automatic pistol, three live cartridges and one cell phone were recovered from the possession of the petitioner.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.59605 of 2022(2) dt.20-01-2023 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 16.5.2022. The learned counsel for the petitioner has fuhrer submitted that the petitioner is an accused in one other case of the year 2019, but he is on bail in the said case. It is also submitted that considering the period of incarceration of the petitioner herein, a sympathetic view be taken. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.59605 of 2022(2) dt.20-01-2023 3/3 two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Katihar Town P.S. Case No. 265 of 2022.

(Mohit Kumar Shah, J) Ajay/- U T