Bhola Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81004 of 2023 Arising Out of PS. Case No.-329 Year-2023 Thana- RAJAON District- Banka ====================================================== Bhola Khan Son of Md. Jalil @ Billo @ Jalil Khan R/o vill - Awdachak, P.S. - Rajaun (Nawada Bazar), Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajoun (Nawada) P.S. Case No. 329 of 2023 instituted for the offence under Sections 25(1-B)A/26 of the Arms Act.

3.

As per the prosecution case, police on secret information went to Abdhachak Village, and on search two country made fire arms, and two live cartridges were recovered from the petitioner's possession, which he was trying to hide under a water tank.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-07-2023. Petitioner is stated to be man of clean antecedent.

Patna High Court CR. MISC. No.81004 of 2023(2) dt.22-12-2023 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. In fact, he has no concern with the alleged recovered articles, and incriminating articles are recovered from an open place of the village, which is accessible to one and all. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of recovery, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajaun (Nawada) P.S. Case No. 329 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T