Patna High Court/58770/2023allowed

Amit Kumar v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58770 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- RUPAULI District- Purnia ====================================================== AMIT KUMAR S/O INDAL MANDAL R/O VILLAGE - KHARAKATTA, P.S. - BHAVANIPUR AKBARPUR O.P.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Mishra with Mr. Amit Kumar Mishra and Mr. Prabha Gautam, Advocates For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol from the waist 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 implicated in the present case by the police. He further submitted that the as

Patna High Court CR. MISC. No.58770 of 2023(3) dt.04-12-2023 2/2 alleged mobile and motorcycle seized by the police belongs to the petitioner itself. 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 C.J.M., Purnia in connection with Rupauli P.S. Case No. 142 of 2023.

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