Patna High CourtCR. MISC./59481/2023allowed

Pramod 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.59481 of 2023 Arising Out of PS. Case No.-419 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Pramod Kumar Son Of Basudeo Sao R/O Vill - Kailash Nagar, Back Of Canara Bank, Ward No. 31, P.S. - Kabaiya, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Suman Kumari 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 and 35 of Arms Act.

3. Prosecution case relates to recovery of one country made pistol without cartridge from as alleged 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 he has no concern with the seized country made pistol without cartridge rather the recovered weapon belongs to co-accused Laxman Kumar. The provision of 100 Cr.PC. has not been

Patna High Court CR. MISC. No.59481 of 2023(2) dt.08-09-2023 2/2 followed in this case while preparing seizure list. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.06.2023.

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 Lakhisarai(Kabaiya) P.S. Case No. 419 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 Chief Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) Shubham/- U T