Hemant Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64810 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- BALIYA District- Begusarai ====================================================== HEMANT KUSHWAHA Son of Chandrama Singh Resident of village - Agiaon, P.S.- Agiaon, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 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(1-b)a, 26 of the Arms Act.

Prosecution case relates to recovery of three country made pistols along with three magazines without valid documents and mobile pone from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case by the police due to not being a seizure list witness to the alleged occurrence. The petitioner has no concern with the alleged recovery of country

Patna High Court CR. MISC. No.64810 of 2022(2) dt.24-02-2023 2/2 made pistols or with the magazines. As a matter of fact, nothing incriminating article has been recovered from his conscious possession of the petitioner. A statement has been made in para3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 29.4.2022. 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 Balia P.S. Case No. 114 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 Court of Additional Sessions Judge-IX, Begusarai.

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