Patna High CourtCR. MISC./65381/2023allowed

Mithun Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65381 of 2023 Arising Out of PS. Case No.-573 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== MITHUN KUMAR S/O UMESH BHARTI @ UMESH PANDIT R/O VILLAGE- NAI POKHAR, P.S- RAJGIR, DISTT.- NALANDA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== 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 instituted for the offence under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol and one live cartridge from the possession of the petitioner and the same has been from other co-accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police.

Patna High Court CR. MISC. No.65381 of 2023(2) dt.13-10-2023 2/2 Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedents. He is languishing in judicial custody since 14.11.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at BiharSharif in connection with Laherimuhalla P.S. Case No. 573 of 2022. (Sunil Kumar Panwar, J) Arish/- U T