Aadarsh Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69272 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== AADARSH RAJ Son of Rameshwar Yadav R/O VILLAGE BASKHORA P S MARAUNA DISTRICT SUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25 (1-b)a, 26 and 35 of the Arms Act.
3. As per allegation in the FIR, four accused persons on two motorcycle were signaled to stop. On search one country made pistol without any cartridge was recovered from possession of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Four persons were apprehended from place of occurrence but no where it is clear that from whose possession, recovery has been made. Seizure list bears the signature of all the four accused.
Patna High Court CR. MISC. No.69272 of 2023(2) dt.02-11-2023 2/2 Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner has got no criminal antecedent and languishing in judicial custody since 31.7.2023.
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, 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 ACJM1st, Jhanjharpur, Madhubani in connection with Lakhnaur P.S. Case No. 157 of 2023.
(Sunil Kumar Panwar, J) sushma/- U