Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6094 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- SALIMPUR District- Patna ====================================================== Dhiraj Kumar S/O Ram Uchit Singh R/V- Madhurapur, P.O.- Malikpura, P.S.- Goraul, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 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 section 399, 402, 412 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution case, informant alleged that after getting a secret information he along with police party reached at the place of occurrence and arrested accused persons along with this petitioner. It is further alleged that all the accused persons disclosed that they had planned to

Patna High Court CR. MISC. No.6094 of 2023(2) dt.10-04-2023 2/3 commit robbery on four lanes, upon search one country made pistol, one live cartridge and one vivo mobile was recovered from this petitioner and from co-accused other articles also recovered.

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 confessional statement of co-accused. Petitioner has no concern with the recovery nor he has arrested on the place of occurrence. Not a single witness has supported the prosecution version. It is further submitted that the seizure list has not been prepared as per provision of law. Petitioner is languishing in judicial custody since 17.07.2022. 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 Salimpur P.S. Case No. 133 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.6094 of 2023(2) dt.10-04-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Barh. (Sunil Kumar Panwar, J) Manish/- U T