Patna High CourtCR. MISC./71892/2023allowed

Tarkeshwar @ Tarkeshwar Mahto @ Tarkeshwar Kumar v. The State Of Bihar

2024-01-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71892 of 2023 Arising Out of PS. Case No.-332 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Tarkeshwar @ Tarkeshwar Mahto @ Tarkeshwar Kumar Son Of Late Bhuali Mahto Resident Of Village Balua Sorahiya, Ward No.-4, P.S.-Paharpur, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 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 section 25(1b)a, 26, 35 of the Arms Act.

3. As per FIR, the petitioner was apprehended on the spot, upon search one country made and one live cartridge were recovered from his house.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has no concern with the alleged recovery rather he has been made

Patna High Court CR. MISC. No.71892 of 2023(3) dt.22-01-2024 2/2 accused in this case due to high handedness of the police officials. It is further submitted that the seizure list has not been prepared as per provision of law. Moreover, the petitioner is languishing in judicial custody since 20.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Paharpur P.S. Case No. 332 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 Chief Judicial Magistrate, Motihari, East Champaran. (Sunil Kumar Panwar, J) Shubham/- U T