Patna High CourtCR. MISC./59360/2023allowed

Saurabh Kumar @ Saurav Kumar v. The State Of Bihar

2023-09-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59360 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- PIPRIYA District- Lakhisarai ====================================================== SAURABH KUMAR @ SAURAV KUMAR Son of Pappu Mandal R/o vill - Vanshipur, P.S. - Kiul, 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.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25 (1-b)A, 26 and 35 of the Arms Act.

3. Prosecution case relates to recovery of one Katta, one country made pistols and four live cartridges were recovered from the house of co-accused Pintu Kumar.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The said recovery has been made from the house of co-accused and not from the possession of the petitioner. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial

Patna High Court CR. MISC. No.59360 of 2023(2) dt.04-09-2023 2/2 custody since 29.3.2023.

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, 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 Judicial Magistrate 1st class, Lakhisarai in connection with Pipariya P.S. Case No. 03 of 2023.

(Sunil Kumar Panwar, J) sushma/- U