Patna High CourtCR. MISC./83909/2023allowed

Niraj Sah v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83909 of 2023 Arising Out of PS. Case No.-72 Year-2023 Thana- TARARI District- Bhojpur ====================================================== Niraj Sah Son Of Rudal Sah Resident Of Village- Majhiaw, P.S.- Piro - Hasan Bazar (O.P), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 section 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with one live cartridge from the possession of this 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. He has no concern with the incriminating articles. There is no independent witness of the seizure list rather they are police personnel. Moreover, the petitioner is languishing in judicial custody since 23.04.2023.

Patna High Court CR. MISC. No.83909 of 2023(2) dt.10-01-2024 2/2

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 of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Tarari P.S. Case No. 72 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 J.M.F.C, Bhojpur at Ara.

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