Fuleshwar Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69062 of 2023 Arising Out of PS. Case No.-109 Year-2023 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Fuleshwar Bind Son Of Late Navy Bind Resident Of Village - Basgadha Bind Toli, P.S. - Madiri Chok, District - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajnish Chandra For the Opposite Party/s :
Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a, 26(i)(ii), 25(1-A), 25(1-AA), 25(1-AC), 35 of Arms Act.
3. It is a case of recovery of one country made loaded pistol and seven live cartridges from the possession of the petitioner.
4. It is submitted by learned counsel for the
Patna High Court CR. MISC. No.69062 of 2023(2) dt.03-11-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. There is no independent witness of the alleged seizure. It is also submitted that petitioner is languishing in judicial custody since 18.07.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail after framing of charge, if not framed, in connection with Medani Chokki P.S. Case No. 109 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.69062 of 2023(2) dt.03-11-2023 3/3 of the learned Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) Nirajkrs/- U T