Patna High CourtCR. MISC./62172/2023allowed

Ranjeet Ram v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62172 of 2023 Arising Out of PS. Case No.-99 Year-2023 Thana- SARMERA District- Nalanda ====================================================== RANJEET RAM SON OF JUGAL RAM RESIDENT OF MOHALLAPENDI, PS- SARMERA, DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30 of the Bihar Prohibition & Excise Act and sections 25(1-B)a, 26, 35 of the Arms Act.

3. According to the FIR, prosecution case relates to recovery of one country made pistol from house of the petitioner and 30 liters country made pistol from house of co-accused.

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. The petitioner has no concerned with the alleged arms seized by the police. It is further submitted that the seizure list witness are police officials,

Patna High Court CR. MISC. No.62172 of 2023(2) dt.09-10-2023 2/2 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. Nothing has recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 17.7.2023.

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 him on bail. The above named petitioner is directed to be released on bail after framing of charge, it not framed in connection with Sarmera P.S. Case No. 99 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 IV Additional District and Sessions Judge-cum-Special Judge, Excise-II, Nalanda at Biharsharif.

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