Dheeraj Kumar @ Deeraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18151 of 2021 Arising Out of PS. Case No.-597 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Dheeraj Kumar @ Deeraj Kumar, Son of Kameshwar Paswan, Resident of Village- Baghi Ward No.24, P.S.- Nagar (Lohiya Nagar), District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kapil Deo Singh, Advocate For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-10-2021 Heard learned Counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Town (Lohiya Nagar) P.S. Case No.597 of 2020 registered for the offence punishable under Section 25(1-B)a/26 of the Arms Act. One country made pistol and two round cartridges have been found beneath the pillow of the petitioner. Counsel for the petitioner submits that it is a case of false implication. He has no criminal antecedents and is in custody since 31.10.2020. Recovery is not in accordance with law.
Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts
Patna High Court CR. MISC. No.18151 of 2021(2) dt.25-10-2021 2/3 and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Town (Lohiya Nagar) P.S. Case No.597 of 2020, subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings
Patna High Court CR. MISC. No.18151 of 2021(2) dt.25-10-2021 3/3 regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T