Patna High CourtCR. MISC./75853/2023allowed

Pappu Patel v. The State Of Bihar

2023-11-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75853 of 2023 Arising Out of PS. Case No.-589 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== PAPPU PATEL SON OF GAGANDEO PATEL RESIDENT OF VILLAGE - WARD NO. 3, CHARGAHA BETTIAH, PS- BETTIAH TOWN, DISTTWEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mayank Mohan For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-11-2023 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, 35 of Arms Act.

3. According to the FIR, the petitioner was apprehended by the police and from whose possession, one country made pistol along with three live cartridge was 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. This case

Patna High Court CR. MISC. No.75853 of 2023(2) dt.30-11-2023 2/2 is triable by court of judicial magistrate. It is further submitted that the petitioner is languishing in judicial custody since 31.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got eleven criminal antecedents.

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 Bettiah Town P.S. Case No. 589 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, West Champaran.

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