Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62852 of 2023 Arising Out of PS. Case No.-139 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Subhash Kumar Son Of Mr. Surendra Ray Resident Of Village - Kodariya, P.S. - Siwaipatti, District - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 413, 414 of I.P.C. and Sections 25(1-b)a, 26, 35 of Arms Act.

It is a case of recovery of one country made pistol, one live cartridges and one motorcycle from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.62852 of 2023(3) dt.24-01-2024 2/3 falsely been implicated in the present case due to high handedness of the police. There is no independent witness of the alleged seizure. The petitioner has no concern either with the alleged recovery. This case is triable by judicial magistrate. Moreover, the petitioner is languishing in judicial custody since 19.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

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, after framing of charge, if not framed in connection with Siwaipatti P.S. Case No. 139 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.62852 of 2023(3) dt.24-01-2024 3/3 the satisfaction of the learned Sub Divisional Judicial Magistrate, East, Muzaffarpur.

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