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Patna High CourtCR. MISC./5240/2023allowed

Deelip Kumar @ Deelip Kumar Gupta v. The State Of Bihar

2023-04-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5240 of 2023 Arising Out of PS. Case No.-93 Year-2022 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Deelip Kumar @ Deelip Kumar Gupta Son Of Late Rampravesh Gupta @ Rampravesh Ravidas Resident Of Village - Baksu Bigha, Ghugharitand, P.S.- Vishnupad, Dist.- Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anmol Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 307 of the Indian Penal Code and Sections 3, 4, 5 of the Indian Explosive Act.

As per prosecution case, on 08.03.2022, when informant along with police party was on duty during such period they reached Magadh Colony Road No-3, they saw two miscreants were trying to flee away, on suspicion the

Patna High Court CR. MISC. No.5240 of 2023(2) dt.07-04-2023 2/3 informant and others chased the alleged persons in the meantime the said persons threw bomb upon the police party and fled away, after that this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Petitioner has no concern with the alleged occurrence. Neither he is named in the FIR nor any incriminating article has been recovered from his conscious possession. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 18.05.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Magadh M. College P.S. Case No. 93 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.5240 of 2023(2) dt.07-04-2023 3/3 amount each to the satisfaction of learned J.M. Ist Class, Gaya.

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