Patna High CourtCR. MISC./70516/2023allowed

Kameshwar Sah v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70516 of 2023 Arising Out of PS. Case No.-588 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Kameshwar Sah Son Of Shivnandan Sah Resident Of Village - Rupauli, Ward No.7, P.S. - Bathnaha, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Madan Kumar ====================================================== 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 sections 25 1 Aa/ (25-b)A, 26, 35 of Arms Act.

3. According to the FIR, the petitioner is said to have been apprehended by police from whose possession, one loaded country made pistil along with three live carriages were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concerned with the alleged arms seized by the police. It is further submitted that no signature of accused petitioner was put

Patna High Court CR. MISC. No.70516 of 2023(2) dt.06-11-2023 2/2 on the seizure memo which the falsification of the alleged recovery. It is further submitted that the petitioner is languishing in judicial custody since 25.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sitamarhi P.S. Case No. 588 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 C.J.M., Sitamarhi.

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