Patna High CourtCR. MISC./64577/2023allowed

Ajay Kumar v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64577 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Ajay Kumar Son Of Bharat Prasad Singh Village- Bindwarha Ps- Kashim Bazar, Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

3. It is a case of recovery of one country made pistol from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. It is also submitted that petitioner is languishing in judicial custody

Patna High Court CR. MISC. No.64577 of 2023(2) dt.12-10-2023 2/2 since 11.02.2023. Similarly situated co-accused person, namely, Ramesh Kumar has been granted bail vide order dated 28.07.2023, passed in Cr. Misc. No. 46021 of 2023 by the co-ordinate Bench of this Court.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration 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 in connection with Vishnupad P.S. Case No. 54 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate First Class -cum- A.M. II, Gaya/concerned Court. (Sunil Kumar Panwar, J) Nirajkrs/- U T