Jitendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78576 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== Jitendra Kumar Sah Son Of Panchanand Sah R/O Village- Mohanpur, Ward No.9, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Anand, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Jamalpur/GRP P.S. Case No. 23 of 2023 instituted for the offences punishable under Sections 25 (1-b)a, 26 and 35 of the Arms Act.

It is alleged that one country made pistol was recovered from the possession of co-accused.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing was recovered from the conscious possession of the petitioner and petitioner is in judicial custody since 13.02.2023. He next submits that similarly situated person

Patna High Court CR. MISC. No.78576 of 2023(2) dt.05-01-2024 2/2 has already been granted bail by this Court passed in Cr. Misc. No. 73222 of 2023 vide order dated 22.11.2023. Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and also the fact that petitioner is in judicial custody for more than six months, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned R.J.M. (Railway Judicial Magistrate), Kiul (Lakhisarai) in connection with Jamalpur/GRP P.S. Case No. 23 of 2023. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T