Laltun Kumar Sahu @ Laltun Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73470 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Laltun Kumar Sahu @ Laltun Kumar Sah Son of Kanhaiya Lal Saahu Resident of Village -Mahri Police Station- Kusheshwar Asthan, DistrictDarbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilendu Kumar Choudhary, Adv For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-10-2024 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-B)a/26 of the Arms Act.
3.As per allegation in the FIR, while patrolling duty, police saw that a black colour pulsor motorcycle took U-turn on seeing them then police apprehended the petitioner after chase. On search, one pistol loaded with live cartridge along with a mobile was recovered. He could not produce any paper regarding the said motorcycle.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is a student and he has no concern with the alleged occurrence. Provision of Section 100 CR.P.C. has not been
Patna High Court CR. MISC. No.73470 of 2024(2) dt.17-10-2024 2/2 followed while preparing the seizure list as both the seizure list witnesses are police officials. After investigation, police has submitted charge-sheet. Petitioner has got no criminal antecedent. He is languishing in judicial custody since 7.6.2024.
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 Additional Chief Judicial Magistrate 1st Biraul, Darbhanga in connection with Biraul P.S. Case No. 223 of 2024 subject to condition that petitioner shall co-operate in the trial and be present physically on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (S. B. Pd. Singh, J) sushma/- U T