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Patna High CourtCR. MISC./78672/2023allowed

Sikandar Paswan v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78672 of 2023 Arising Out of PS. Case No.-345 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Sikandar Paswan S/O Bisheshwar Paswan Village- Jogiya, Ward No. 2, Ps. Ladaniya At Present Residing At Chitragupta Colony, Ps. Jainagar, Dist. Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 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 25(1-b), 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one country-made pistol 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 arms, which was seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the police due to his criminal antecedent. He further submitted that

Patna High Court CR. MISC. No.78672 of 2023(3) dt.29-02-2024 2/2 the as alleged mobile and motorcycle which were recovered by the police, the same were belongs to the petitioner. He is languishing in judicial custody since 18.08.2023.

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 Chief Judicial Magistrate, Madhubani in connection with Jainagar P.S. Case No. 345 of 2023. (Sunil Kumar Panwar, J) Arish/- U T