Md. Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63629 of 2023 Arising Out of PS. Case No.-271 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Md. Raja Son Of Md. Munna Village- Phulwaria (Barauni), Ward No. 12, Pokhar Mohalla, Ps- Phulwaria, Dist- Begusarai ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 sections 120B of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.
3. As per prosecution case, the petitioner is said to have been offered for committing murder of one persons but he was apprehended. Further, one country made pistol along with cartridges have been recovered from house of co-accused Chandan Mahto.
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 on the basis of suspicion.
Patna High Court CR. MISC. No.63629 of 2023(2) dt.10-10-2023 2/2 Nothing has been recovered from conscious possession of the petitioner rather the said recovery has been made from house of co-accused Chandan Mahto who has already been enlarged on bail granted by a co-ordinate Bench of the Court vide order dt. 24.8.2023 passed in Cr. Misc. No. 48364 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 21.4.2023.
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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town (Lohiyanagar OP) P.S. Case No. 271 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 C.J.M., Begusarai.
(Sunil Kumar Panwar, J) Amandeep/- U T