Patna High CourtCR. MISC./3632/2024allowed

Tripurari Singh @ Nepali @ Tirpurari Singh v. The State Of Bihar

2024-01-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3632 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== TRIPURARI SINGH @ NEPALI @ TIRPURARI SINGH S/O LATE UDIT SIGN VILLAGE- SITALPUR, PS. MUFFASIL, DIST. MUNGER. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26(i)(ii), 35 of the Arms Act.

3. It is alleged that the petitioner along with coaccused Abhishek Kumar was arrested by police party from whose possession, altogether fifty live cartridges were recovered.

4. 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 high handedness of police. The petitioner has no concerned with the alleged arms seized by the police. It is further submitted that the seizure list

Patna High Court CR. MISC. No.3632 of 2024(2) dt.31-01-2024 2/2 witness are police officials, not a single independent witness which violates section 100 of Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 29.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 305 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Munger.

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