Patna High CourtCR. MISC./65740/2023allowed

Shiv Shamrat v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65740 of 2023 Arising Out of PS. Case No.-818 Year-2022 Thana- KANKARBAG District- Patna ====================================================== SHIV SHAMRAT S/O SUNIL KUMAR AGRHARI R/O VILLAGERANISARAY, P.S- BAKHTIYARPUR, DISTT.- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399/402 of the IPC, Sections 20(b)(ii)A, 22(b), 29 of the N.D.P.S. Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving secret information that some persons are preparing for committing crime and there has been recovery of one loaded country-made pistol and two live cartridges from the possession of the petitioner and other articles from other co-accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the

Patna High Court CR. MISC. No.65740 of 2023(2) dt.17-10-2023 2/2 alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion and due to his criminal antecedents, the petitioner has implicated in the present case by the police. He is languishing in judicial custody since 05.09.2022.

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 as well as the period of custody, 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 District and Sessions Judge-IV, Patna in connection with Kankarbag P.S. Case No. 818 of 2022.

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