Patna High CourtCR. MISC./58494/2023allowed

Ranjan Kumar v. The State Of Bihar

2023-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58494 of 2023 Arising Out of PS. Case No.-242 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Ranjan Kumar Son Of Sri Sonelal Das Resident Of Village - Nagdah, Ward No.10, P.S. - Muffasil, District - Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 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 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of Arms Act.

3. Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, one loaded country made pistol along with one live cartridge from possession of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58494 of 2023(2) dt.01-09-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has not concerned with the alleged arms seized by the police. It is further submitted that the seizure list witness are police officials, not a single independent witness which violates section 100 of Cr.P.C. He has got no criminal antecedent as stated para-3 of the bail petition and languishing in judicial custody since 29.4.2023.

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 period 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 Muffasil P.S. Case No. 242 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 C.J.M., Begusarai.

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