Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67783 of 2023 Arising Out of PS. Case No.-226 Year-2023 Thana- PIPRA District- Supaul ====================================================== Badal Kumar S/O Hari Narayan Paswan @ Hari Paswan VillageJiwachhapur, Ps. Pipra, Dist. Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 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 section 393 of the Indian Penal Code and Sections 25(1-b)a and 26 of Arms Act.

3. Prosecution case in short is that, one Suraj Kumar told the informant that three persons tried to snatch his motorcycle. Then informant along with other police personnel reached on the spot then co-accused, namely, Sintu Kumar was apprehended, from whose possession, on search, one country made pistol along with one cartridge and one motorcycle were recovered and he told the name of the petitioner in this alleged offence.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.67783 of 2023(2) dt.31-10-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner was not apprehended on spot only on the basis of disclosure of apprehended co-accused person, namely, Sintu Kumar he has been dragged in this case. Nothing incriminating article has been recovered from the conscious possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.07.2023.

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 Pipra P.S. Case No. 226 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 Chief Judicial Magistrate, Supaul.

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