Patna High CourtCR. MISC./76304/2023allowed

Md. Arman v. The State Of Bihar

2023-12-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76304 of 2023 Arising Out of PS. Case No.-134 Year-2021 Thana- BHAGWANPUR District- Vaishali ====================================================== Md. Arman S/O Latif Mian @ Md. Latif R/O Village- Keshopur, P.S. Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act and Section 412 of the Indian Penal Code.

3. As per allegation in the FIR, one country made loaded pistol having seven live cartridges from it's magazine were recovered from possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. During detention at Bhagwanpur police station, the informant took so many signatures of the petitioner at plain papers which were being used against him. Provision of Section 100 CR.P.C. has

Patna High Court CR. MISC. No.76304 of 2023(2) dt.01-12-2023 2/2 not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 19.6.2021.

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 CJM, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 134 of 2021.

(Sunil Kumar Panwar, J) sushma/- U