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Patna High CourtCR. MISC./60404/2022allowed

Luchhu Nut v. The State Of Bihar

2023-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60404 of 2022 Arising Out of PS. Case No.-74 Year-2022 Thana- DARIYAPUR District- Saran ====================================================== LUCHHU NUT Son of Late Prasad Nut Resident of Village- Didarganj, Chek Post Ke paas, P.S- Malsalami, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kishor For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 402, 420 of IPC and Sections 25(1-B)A, 26 and 35 of the Arms Act. As per allegation in the FIR, police officials apprehended six persons including the petitioner from a Scorpio and from possession of petitioner, one country made pistol along with one live cartridge has been recovered.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner has no concern either with the vehicle or with the seized arms or with the vehicle in question. Similarly situated other co-accused person has already been enlarged on bail by different coordinate

Patna High Court CR. MISC. No.60404 of 2022(3) dt.21-03-2023 2/2 Bench of this Court vide order dated 9.12.2022 passed in Cr. Misc. No. 45710 of 2022. Petitioner is languishing in judicial custody since 9.2.2022.

The application for bail is opposed by learned APP for the State.

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 Additional Sessions Judge VIII, Saran at Chapra in connection with S.T. No. 200 of 2022 arising out of Dariyapur P.S. Case No. 74 of 2022.

(Sunil Kumar Panwar, J) sushma/- U