Patna High CourtCR. MISC./84962/2023allowed

Om Prakash Ram @ Narayan Ram v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84962 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- RAJPUR District- Buxar ====================================================== Om Prakash Ram @ Narayan Ram S/o Sudarshan Ram Resident of Village - Devdhiya, P.S.- Rajpur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, there has been recovery of one country-made pistol and one live cartridge from the possession of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion and due to his criminal antecedent, petitioner has implicated in the present case. The

Patna High Court CR. MISC. No.84962 of 2023(2) dt.15-01-2024 2/2 provision of Section 100 of the Cr.P.C. has not been followed in this case. He is languishing in judicial custody since 01.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Buxar in connection with Rajpur P.S. Case No. 263 of 2023.

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