Patna High CourtCR. MISC./61270/2023allowed

Raushan Kumar v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61270 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Raushan Kumar S/O Satyendra Mahato @ Natho Mahato R/O Village- Ward No. 03, Chhoti Rani Sakarpura, Rani Shakarpura, Ps. Gangaur, Dist. Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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), 26 and 35 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with one empty cartridge on the instance of this petitioner from a bush.

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. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the said recovery. There is no independent witness of the seizure list rather they are police personnel. The

Patna High Court CR. MISC. No.61270 of 2023(2) dt.15-09-2023 2/2 petitioner has been remanded in this case from another case and he is languishing in judicial custody since 09.07.2022.

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 Bakhri P.S. Case No. 224 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T