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Patna High CourtCR. MISC./73464/2023allowed

Bikram Kumar @ Bikki v. The State Of Bihar

2023-11-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73464 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- BARARI District- Katihar ====================================================== Bikram Kumar @ Bikki Son Of Rajesh Mahto Resident Of Village - Barinagar, Police Station - Barari, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 25(1-b)a/26 of the Arms Act.

It is a case of recovery of one loaded country made pistol and one live cartridge from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Petitioner

Patna High Court CR. MISC. No.73464 of 2023(2) dt.29-11-2023 2/2 has no concern with the recovered incriminating articles. There is no independent witness of the alleged seizure. This case is triable by Judicial Magistrate Moreover, the petitioner is languishing in judicial custody since 07.07.2023.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barari P.S. Case No. 231 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Katihar. (Sunil Kumar Panwar, J) Nirajkrs/- U T