Patna High CourtCR. MISC./77780/2023allowed

Abhishek Soni v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77780 of 2023 Arising Out of PS. Case No.-310 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Abhishek Soni Son Of Parshuram Ji @ Parshuram Ji Soni Resident Of Village - Mirganj Sonar Toli, P.S. - Mirganj, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 414/34 of the IPC and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol from the other co-accused and one android phone from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged recovery. Only on the basis of suspicion and due to his criminal antecedent, petitioner has been implicated in the present case by the police. No incriminating article has been

Patna High Court CR. MISC. No.77780 of 2023(2) dt.05-12-2023 2/2 recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 13.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj in connection with Mirganj P.S. Case No. 310 of 2023.

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