Patna High CourtCR. MISC./84926/2023allowed

Pradip Rai v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84926 of 2023 Arising Out of PS. Case No.-225 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== PRADIP RAI SON OF LATE BHARAT RAI @ BHOLA RAI R/O VILLAGE- PATERWA, WARD NO.-5, P.S.- SONBARSA, DIST.- SITAMARHI, AT PRESENT R/O VILLAGE- DOSTIYA TOLA, P.S.- SONBARSA, DIST.- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 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 of the Arms Act.

3. According to the FIR, it is a case of recovery of one country made pistol along with one live cartridge from house of the petitioner.

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. The petitioner has no concerned with the alleged arms seized by the police. No any incriminating material has been recovered from conscious

Patna High Court CR. MISC. No.84926 of 2023(2) dt.09-01-2024 2/2 possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 15.7.2023.

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 of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Sonbarsa P.S. Case No. 225 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 Judicial Magistrate 1st Class, Sitamarhi.

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