Patna High CourtCR. MISC./60008/2023allowed

Malkhan Singh v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60008 of 2023 Arising Out of PS. Case No.-105 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== MALKHAN SINGH S/O JAI NARAYAN SINGH R/O VILLAGEJASANPUR BAIRIYA, PS. KUNDWACHAINPUR, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 399, 402, 413 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving secret information that some miscreants are assembled and planned to commit a crime, thereafter the police party reached there and there has been recovery of two live cartridges from the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.60008 of 2023(2) dt.14-09-2023 2/2 committed no offence. Petitioner has apprehended on spot. The petitioner has no concern with the alleged cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 07.06.2023.

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 as well as 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 Court below in connection with Kundwachainpur P.S. Case No. 105 of 2023.

(Sunil Kumar Panwar, J) arish/- U