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Patna High CourtCR. MISC./9882/2023allowed

Ravi Kumar v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9882 of 2023 Arising Out of PS. Case No.-297 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== RAVI KUMAR Son of Vidya Pandit @ Vidyanand Pandit Resident of Village- Panchma, Ward No.-14, P.S.- Kodha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Pandey For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 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 sections 413, 414 of the IPC and Sections 25(1-b)a/26/35 of Arms Act. The prosecution case, in brief, is that the informant along with police personnel reached at Dhokwa More and saw that three persons in injured conditions were laying in the side of road. When the search has been conducted, one loaded country made pistol was recovered from possession of this petitioner and a stolen motorcycle was also seized from place of occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.9882 of 2023(2) dt.18-04-2023 2/2 falsely been implicated in this case on the basis of suspicion. The petitioner has no concern with the alleged arms as well as motorcycle which were seized by the police. It is further submitted that there is no any prior complaint of theft regarding the said motorcycle which was recovered from the place of occurrence. Moreover, the petitioner is languishing in judicial custody since 16.10.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhamdaha P.S. Case No. 297 of 2022 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, Purnea.

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