Patna High CourtCR. MISC./70362/2023allowed

Sanjeet Kumar v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70362 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== SANJEET KUMAR Son of Late Dinesh Mahto R/o vill - Bhui Dhara Ramni Patti, P.S. - Muffasil, Distt. - Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Zainul Abedin ====================================================== 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 registered for the offence punishable under section 25(1b)a, 26, 35 of the Arms Act and Sections 399, 402 of IPC.

3. As per FIR, the petitioner was apprehended on the spot while he along with other was assembled to commit an offence. On search one country made pistol was recovered from co-accused persons and from the possession of the petitioner one mobile was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.70362 of 2023(2) dt.06-11-2023 2/2 present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery rather one country made loaded pistol has been recovered from co-accused person. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bibhutipur P.S. Case No. 231 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 Sub-Divisional Judicial Magistrate, Rosera Samastipur.

(Sunil Kumar Panwar, J) manishkumar/- U