Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7957 of 2024 Arising Out of PS. Case No.-302 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Dipak Kumar S/O Kapindra Sahani @ Kabinder Sahani Village- Dharphari, Ps. Dewariya, Dist.Muzaffarpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402, 414, 120(B)/34 of the Indian Penal Code and Sections 25(1B)a, 26, 35 of Arms Act. As per the F.I.R., the petitioner along with other accused persons were assembled and preparing for committing the offence but police party raided the place of occurrence and on search, one country made pistol, one live cartridge and one mobile has been recovered

Patna High Court CR. MISC. No.7957 of 2024(2) dt.20-02-2024 2/3 from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to high handedness of police. There is no independent witness of the alleged seizure. The petitioner has no concern either with the alleged recovery or with other co-accused persons. It is also submitted that petitioner is languishing in judicial custody since 28.07.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Paharpur P.S. Case No. 302 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.7957 of 2024(2) dt.20-02-2024 3/3 to the satisfaction of the learned Additional Chief Judicial Magistrate XI, Motihari, East Champaran.

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