Patna High Court/62702/2022allowed

Shiva Kumar v. The State Of Bihar

2023-02-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62702 of 2022 Arising Out of PS. Case No.-35 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== SHIVA KUMAR S/O KRISHNA PRASAD R/v- Maniyari, P.S.- Jehanabad (Bhelawar), District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1B)a/26/35 of the Arms Act. As per prosecution case, during investigation of Kiul P.S. Case No. 27 of 2022, the informant apprehended the petitioner and at his instance, recovered a country made pistol along with two live cartridges from the land of Rajat Yadav. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to mala fide intention. The petitioner has no concerned with alleged recovery of country made pistol and the same was not recovered from his

Patna High Court CR. MISC. No.62702 of 2022(2) dt.23-02-2023 2/2 conscious or constructive possession. It is further submitted that the petitioner is languishing in judicial custody since 14.3.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kiul P.S. Case No. 35 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai.

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