Patna High CourtCR. MISC./681/2024allowed

Chhotu Kumar v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.681 of 2024 Arising Out of PS. Case No.-500 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== Chhotu Kumar Son of Shivo Paswan @ Shibu Paswan @ Shiv Narayan Paswan Resident of Village- Mahna, (Nurpur) Ward No. 15, P.S. Barauni, (Refinery O.P.), District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kr Gautam For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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(i), 35 of Arms Act.

3. According to the FIR, the petitioner along with coaccused is said to have been apprehended with a motorcycle and from possession of this petitioner, one live cartridge and a mobile phone were 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. The petitioner has no concerned with the alleged arms seized by the police. And so far

Patna High Court CR. MISC. No.681 of 2024(2) dt.16-01-2024 2/2 as seized motorcycle is concerned, the same belongs to other FIR named accused Shambhu Kumar. It is further submitted that the seizure list witness are police officials, not a single independent witness which violates section 100 of Cr.P.C. He has got no criminal antecedent as stated para-3 of the bail petition and languishing in judicial custody since 25.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Barauni P.S. Case No. 500 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 C.J.M., Begusarai.

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