Jai Kishore Sah @ Nand Kishore Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75842 of 2023 Arising Out of PS. Case No.-146 Year-2019 Thana- DEODHA District- Madhubani ====================================================== Jai Kishore Sah @ Nand Kishore Sah S/O Late Maheshwar Sah @ Mahesh Sah Village- Pilawa Tola, Ps. Deodha, Dist. Madhubani ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Raj, Adv For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned cousnel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Deodha P.S.Case No.146 of 2019 instituted for the offences punishable under Sections 25(1-b) A, 27 of the Arms Act.
3. As per the prosecution case, the pistol was recovered from a ditch situated back side of the house of Suraj Mukhiya.
4 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. FIR has been lodged against unknown. From perusal of the seizure list, arms was not recovered from possession of the petitioner or any persons. During the investigation none has whispered anything
Patna High Court CR. MISC. No.75842 of 2023(4) dt.28-02-2024 2/2 against the petitioner. The petitioner is in custody since 24.11.2022 and he has got one criminal antecedent.
5. Learned APP opposes the prayer for bail
6. From perusal of the FIR, case diary, seizure list, it appears that FIR has been lodged against unknown person. Accordingly, the prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class , Madhubani in connection with Deodha P.S.Case NO. 146 of 2019.
(Ramesh Chand Malviya, J) N.K/- U T