Nishantkumar @ Kare Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.790 of 2023 Arising Out of PS. Case No.-238 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Nishantkumar @ Kare Lal S/O Late Ram Naresh Singh R/O Village- Jaitpur, P.S- Barhaiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Smt. Sudha Ambastha For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Begusarai (Town) P.S. Case No. 238 of 2021 registered under sections 25(1-b)a/26/35 of the Arms Act and 20/22 of N.D.P.S. Act.

Prosecution case relates to recovery of one regular rifle along with 6 live cartridges from the possession of the petitioner. Further, there is recovery of 1.5 kg of ganja from the room of other co-accused person, namely, Lalan Singh who fled from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to inimical term with the

Patna High Court CR. MISC. No.790 of 2023(2) dt.27-03-2023 2/2 informant. Neither the arms nor the seized ganja has been recovered from the conscious possession of the petitioner. He has no concern either with this alleged offence or with the other co-accused person. He is languishing in judicial custody since 22.03.2021.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Begusarai (Town) P.S. Case No. 238 of 2021 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 Additional Sessions Judge-I, Begusarai.

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