Kishan Sardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69390 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- JOGBANI RAIL P.S. District- Katihar ====================================================== KISHAN SARDAR S/o Budhu Sardar R/o Uttar Rampur, ward no. 4, P.S.- Forbesganj, Distt- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Mandal, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 25(1-b) (a),26,35 of the Arms Act.

As per allegation in the FIR, on 22.07.2022, while the informant was on patrolling duty, they apprehended two accused persons including the petitioner and on search one knife was recovered from possession of the petitioner whereas one country made pistol and two mobiles were recovered from possession of other apprehended co-accused.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is innocent and has committed no offence. Nothing has been

Patna High Court CR. MISC. No.69390 of 2022(2) dt.28-02-2023 2/2 recovered from conscious possession of the petitioner rather the same has been recovered from apprehended co-accused Boby Kumar. Due to high handedness of police as well as hot discussion between the police and the informant, his name has been dragged in the present case by showing false recovery from his possession. Petitioner is languishing in judicial custody since 23.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Jogbani Rail P.S. Case No. 10 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Railway Court, Katihar.

(Sunil Kumar Panwar, J) niku/sushmaU T