Awadhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80835 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- DHANKUND District- Banka ====================================================== AWADHESH KUMAR SON OF LATE KUNDAN RAM R/O VILLAGEASHI MAKIATA, P.S.- DHANKUND, DISTRICT- BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 25(1-B)a and 26 of the Arms Act.
3. The prosecution case relates to recovery of one country made pistol from the possession of the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with alleged arm which was seized by the police. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. The petitioner is languishing in judicial custody since 12.08.2023.
Patna High Court CR. MISC. No.80835 of 2023(2) dt.14-12-2023 2/2
5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charg. The above named petitioner is directed to be enlarged on bail in connection with Dhankund P.S. Case No.94 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Banka. (Sunil Kumar Panwar, J) lata/- U T