Dhananjay @ Bhopta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8304 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Dhananjay @ Bhopta Son Of Madhu Paswan @ Rajo Paswan R/O MohallaNayagaon, Musallahpur Hat, P.S- Pribahore, Dist- Patna. At Present C/O Dharambir Paswan, R/O - Upsawali, P.S- Gaurichak, Dist- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 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 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of Arms Act.

It is a case of assembling for commission of offence. One country made pistol and four live cartridges have been recovered from the possession of the petitioner. It is further alleged that on inquiry the

Patna High Court CR. MISC. No.8304 of 2023(2) dt.13-04-2023 2/3 accused persons also disclosed that they had committed robbery in Shagan Jewelers and in that course, they had killed the shopkeeper by shot fire.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that there is no independent witness of the alleged seizure. Except self confessional statement of the petitioner there is no material evidence to connect the petitioner in the present case. The charge sheet has been filed in this case. It is further submitted that petitioner has no concern with the alleged recovered country made pistol and cartridges. Moreover, the petitioner is languishing in judicial custody since 28.02.2022.

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

Patna High Court CR. MISC. No.8304 of 2023(2) dt.13-04-2023 3/3 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 Sohsarai P.S. Case No. 61 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Biharsharif, Nalanda.

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