Patna High CourtCR. MISC./108/2024allowed

Arvind Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.108 of 2024 Arising Out of PS. Case No.-512 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Arvind Kumar Son Of Naglal Rai R/O Village- Madhopur Hazari, P.S.- Sahebganj, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar S.K.

For the Opposite Party/s :

Mr.Chandra Sen Prasad 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 regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8/20(b) (ii) (B) of the NDPS Act.

3. Prosecution case relates to recovery of one country made pistol along with one live cartridge from the possession of this petitioner and from other co-accused, 2kg of ganja like intoxicating substance has been recovered.

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 seized ganja like intoxicating substance and other seized

Patna High Court CR. MISC. No.108 of 2024(2) dt.12-01-2024 2/2 articles. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.07.2023.

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 Kanti P.S. Case No. 512 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 Additional Sessions Judge-11th cum Special Judge, Muzaffarpur.

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