Navneet Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77233 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- VALMIKINAGAR District- West Champaran ====================================================== Navneet Kumar Tiwari S/O Parasnath Tiwari R/O Village- 3 Number Pahad Valmikinagar, P.S- Valmikinagar, Dist.- West Champaran. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Rina Sinha ====================================================== 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 registered for the offence punishable under section 25(1b)a, 26, of the Arms Act.
3. As per FIR, the petitioner was apprehended on the spot while he along with other was coming by motorcycle. On search, one country made loaded pistol and four live cartridges and other articles were recovered.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis suspicion. The petitioner has
Patna High Court CR. MISC. No.77233 of 2023(2) dt.05-12-2023 2/2 no concern with the alleged recovery rather he has been made accused in this case due to high handedness of the police officials. It is further submitted that Section 100 of the Cr.P.C. has not been followed while preparing the seizure list. The petitioner is languishing in judicial custody since 08.07.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Valmikinagar P.S. Case No. 81 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 Judicial Magistrate-I Class Bagaha, West Champaran. (Sunil Kumar Panwar, J) manishkumar/- U T