Patna High CourtCR. MISC./72520/2023allowed

Surendra Kumar v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72520 of 2023 Arising Out of PS. Case No.-256 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Surendra Kumar Son Of Lal Babu Chandrawanshi R/O Village - Kara, P.S.- Obra, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 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 and 35 of the Arms Act.

3. Prosecution case relates to recovery of one country made pistols and three live cartridges from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The said recovery has been made from the house of the petitioner's brother. Nothing has been recovered from conscious possession of the petitioner. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list.

Patna High Court CR. MISC. No.72520 of 2023(2) dt.28-11-2023 2/2 Petitioner is languishing in judicial custody since 14.6.2023.

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, 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 SDJM, Daudnagar, Aurangabad in connection with Obra P.S. Case No. 256 of 2023.

(Sunil Kumar Panwar, J) sushma/- U