Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5096 of 2022 Arising Out of PS. Case No.-35 Year-2021 Thana- BARURAJ District- Muzaffarpur ====================================================== Dheeraj Kumar Son of Ranveer Bhagat Resident of Village - Panapur Chowk, P.s.- Minapur (Panapur O.P.), Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar, Advocate :

Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-06-2022 Learned counsel for the petitioner is directed to correct the paragraph 1 with regard to Section 27 of the Arms Act.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Baruraj P.S. Case No. 35 of 2021 instituted for the offences under Sections 395, 397 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 31.05.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.5096 of 2022(2) dt.07-06-2022 2/3 informant alleges that Rajan Pandey and Abhishek Pandey along with three unknown criminals intercepted the informant and his driver and looted Rs. 30,000/- along with mobiles and Rajan Pandey shot the informant hitting him on his stomach and threatened the informant asking him to ensure that his nephew does not contest election.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. During the course of investigation, the name of the petitioner came in the confessional statement of the co-accused, namely, Chunnu Paswan. It is further submitted that no incriminating articles have been recovered from the possession of the petitioner. Till date, no Test Identification Parade (T.I.P.) has been held in this case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 31.05.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.5096 of 2022(2) dt.07-06-2022 3/3 Judicial Magistrate, 1st Class, Muzaffarpur in connection with Baruraj P.S. Case No. 35 of 2021.

(Khatim Reza, J) Gaurav Kumar/- U T