Shyam Kumar @ Suman Saurav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82236 of 2023 Arising Out of PS. Case No.-846 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Shyam Kumar @ Suman Saurav Son Of Bhuneshwar Yadav, Resident Of Village-Maharogoraiya,P.S. -Islampur, District-Nalanda. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Sinha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 a case registered for the offences punishable under Sections 25(1-b)a, 26, 35 of Arms Act.

It is a case of recovery of one country made pistol and two live cartridges from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.82236 of 2023(2) dt.19-12-2023 2/3 falsely been implicated in the present case due to high handedness of police. The petitioner has no concern either with the alleged recovery or with other co-accused persons. There is no independent witness of the alleged seizure. It is also submitted that petitioner is languishing in judicial custody since 11.06.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent Learned APP appearing for the State has vehemently opposed the prayer for Bail.

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 charge, if not framed. The above named petitioner is directed to be enlarged on bail after framing of charge, if not framed, in connection with Phulwarisharif P.S. Case No. 846 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.82236 of 2023(2) dt.19-12-2023 3/3 two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIV, Patna.

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