Patna High CourtCR. MISC./79556/2023allowed

Mani Mohan Singh v. The State Of Bihar

2023-12-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79556 of 2023 Arising Out of PS. Case No.-134 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== MANI MOHAN SINGH S/o RAJ NATH SINGH @ RAM NATH SINGH R/o vill - Poliya Dih, P.s. - Charpokhri, Distt. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Mrs. Priya For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-12-2023 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 of Arms Act.

3. According to the FIR, the petitioner is alleged to have been apprehended on spot from whose possession, one loaded country made pistol along with three live cartridges were recovered.

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 further submitted that the seizure list witness are police officials,

Patna High Court CR. MISC. No.79556 of 2023(2) dt.11-12-2023 2/2 not a single independent witness which violates section 100 of Cr.P.C. He has got no criminal antecedent as stated para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 15.7.2023.

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 the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Charpokhari P.S. Case No. 134 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 CJM, Bhojpur at Ara.

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