Patna High CourtCR. MISC./65607/2023allowed

Arjun Sah @ Aaryan Sah @ Aryan v. The State Of Bihar

2023-10-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65607 of 2023 Arising Out of PS. Case No.-386 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== ARJUN SAH @ AARYAN SAH @ ARYAN S/O BINDESHWAR SAH VILLAGE- GHORASHAN, PS- GHORASAHN @ GHORASHAN, DISTEAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 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 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot while he along with others was assembled to commit an offence. On search one country made pistol one live cartridge were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.65607 of 2023(2) dt.13-10-2023 2/2 present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 14.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi Mehsaul O.P. P.S. Case No. 386 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 CJM, Sitamarhi.

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