Patna High CourtCR. MISC./74484/2023allowed

Raghuveer Kumar @ Arvind 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.74484 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Raghuveer Kumar @ Arvind Kumar Son Of Ram Bilash Mahto R/O VillageSurmar Meyari, P.S.- Sarairanjan, Dist.- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr.Kumar Veerendra Narayan ====================================================== 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 regular bail in a case registered for the offence punishable under sections 25(1-b)A, 26, 35 of the Arms Act.

3. According to the FIR, there is recovery of one country made pistol along with one live cartridge from house of the petitioner.

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 also submitted vide para 13 of the petition that seizure has been prepared after lodging the FIR which creates doubt on the

Patna High Court CR. MISC. No.74484 of 2023(2) dt.28-11-2023 2/2 genuineness of the case. The petitioner has got no criminal antecedent as stated para-3 of the bail petition and languishing in judicial custody since 12.9.2023.

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 him on bail. The above named petitioner is directed to be released on bail in connection with Sarairanjan P.S. Case No. 162 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 Additional Chief Judicial Magistrate-III, Samastipur.

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