Patna High CourtCR. MISC./84083/2023allowed

Sonu Kumar Yadav @ Sonu Kumar v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84083 of 2023 Arising Out of PS. Case No.-142 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== Sonu Kumar Yadav @ Sonu Kumar S/O Lal Bihari Singh @ Lal Bihari Yadav R/O Village- Semraon, P.S- Charpokhari, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. 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 and 26 of the Arms Act.

3. The prosecution case relates to recovery of one country made pistol, two live cartridges, one motorcycle and one mobile from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. The petitioner has no concern with alleged arms which were seized by the police. The seized motorcycle belongs to cousin of the petitioner namely, Pankaj Kumar and mobile belongs to the petitioner.

Patna High Court CR. MISC. No.84083 of 2023(2) dt.05-01-2024 2/2 Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 15.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. 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 in connection with Agion (Garhani) P.S. Case No.142 of 2023 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 Class Judicial Magistrate-VIII, Bhojpur at Ara/concern Court.

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