Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65713 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- MOTIPUR District- Muzaffarpur ====================================================== Uday Kumar Son Of Rajendra Rai @ Rajendra Ray R/O Vill - Ratanpura, P.S. - Motipur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 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 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act and sections 8, 20(b)(ii)(B) of the NDPS Act.

3. Prosecution case relates to recovery of one country made loaded pistol along with one live cartridge from the possession of the petitioner and from the possession of other coaccused person there has been recovery of 500 grams of charas.

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 due to highhandedness of the police. Charas like substance has not been recovered from the

Patna High Court CR. MISC. No.65713 of 2023(2) dt.17-10-2023 2/2 possession of the petitioner and also he has no concern with the said material. Moreover, he is languishing in judicial custody since 12.04.2023.

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Motipur P.S. Case No. 106 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 ADJ XIth, Muzaffarpur.

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