Patna High CourtCR. MISC./59477/2023allowed

Lal Babu v. The State Of Bihar

2023-09-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59477 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- PAHARKATTA District- Kishanganj ====================================================== Lal Babu S/O Md. Harun @ Harun R/O Village- Kusarbarim, Chhatargachh, Ps. Paharkatta, Dist. Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== 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 from as alleged by the 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 due to highhandedness of the police. He has no concern with the alleged recovered rather it was planted one and also provision of 100 Cr.PC. has not been followed in this case while preparing seizure list. Moreover, the petitioner is languishing in judicial custody since 24.03.2023.

Patna High Court CR. MISC. No.59477 of 2023(2) dt.08-09-2023 2/2

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 Paharkatta P.S. Case No. 45 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 J.M. 1st Class, Kishanganj.

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