Durga Nand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70286 of 2023 Arising Out of PS. Case No.-157 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== Durga Nand Kumar S/O Madan Yadav R/O Village- Baskhora, P.S- Marauna, Distt.- Supaul, State- Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kuldeep Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on receiving a secret information that some persons have assembled for committing some crime thereafter the police personnel reached at that place. One person apprehended and there has been recovery of one loaded country-made pistol from the possession of co-accused Adarsh Raj.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the

Patna High Court CR. MISC. No.70286 of 2023(2) dt.06-11-2023 2/2 alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 31.07.2023.

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 as well as the period of custody, 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 Additional Chief Judicial Magistrate1st Class, Jhanjharpur, Madhubani in connection with Lakhnaur P.S. Case No. 157 of 2023.

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