Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86687 of 2023 Arising Out of PS. Case No.-377 Year-2023 Thana- KARPI District- Jehanabad ====================================================== Mukesh Kumar S/O Ganga Deyal Singh @ Ganga Dayal Singh R/O- VillageDevkuli, P.S.- Rampur Chouram, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmendra Kumar Paswan, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 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 and 27 of the Arms Act and Sections 30(a) and 37C of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, there has been recovery of one country-made pistol from the waist of the petitioner. It is further alleged that the petitioner was drunk liquor at that time.

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 as well as wine in question, which were seized by the police. Only on the basis of suspicion, petitioner has

Patna High Court CR. MISC. No.86687 of 2023(2) dt.12-01-2024 2/2 implicated in the present case. The provision of Section 100 of the Cr.P.C. has not been followed in this case, while preparing the seizure list. He further submitted that the charge has already been framed against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.10.2023.

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 Special Judge-II, Excise, Jehanabad in connection with Karpi P.S. Case No. 377 of 2023. (Sunil Kumar Panwar, J) Arish/- U T