Patna High CourtCR. MISC./208/2024allowed

Fulo Yadav v. The State Of Bihar

2024-01-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.208 of 2024 Arising Out of PS. Case No.-203 Year-2023 Thana- BARARI District- Katihar ====================================================== Fulo Yadav S/o Late Bhuneshwar Yadav @ Bhuvneshwar Yadav @ Bhumeshwar Yadav Vill.- BAKIYA SUKHAI, P.S.- Barari, Dist.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== 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 bail in a case registered for the offence punishable under sections 25(i-b)A/26 of the Arms Act.

3. Prosecution case relates to recovery of one loaded country made pistol with four live cartridges for which he could not produce valid document and he was arrested on spot by the police officials.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The alleged seizure list, showing the recovery of country made loaded pistol is self creation of the police officials/informant. Provision of Section 100 CR.P.C. has not been followed by the

Patna High Court CR. MISC. No.208 of 2024(2) dt.12-01-2024 2/2 police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 19.6.2023.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after framing of charge 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 Additional Chief Judicial MagistrateIII, Katihar in connection with Barari P.S. Case No. 203 of 2023.

(Sunil Kumar Panwar, J) sushma/- U