Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10172 of 2020 Arising Out of PS. Case No.-127 Year-2019 Thana- BIKRAM District- Patna ====================================================== Dhiraj Kumar, S/o Madhu Sahni, Resident of Village-Dumri Kala, P.S.- Mejarganj, District-Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bikram P.S. Case No. 127 of 2019, registered under Sections 279, 337, 338, 353 and 414 of the Indian Penal Code and Sections 25(1b), 26 and 35 of the Arms Act. The accusation is that on receiving information about moving of the culprits with looted I-10 car through N.H.98, the informant along with other police personnel reached at Naghar turning. After sometime, one I-10 car was seen coming from eastern side then signal was given to stop the car but the driver started to flee away and dashed the police vehicle. Thereafter, anyhow car was intercepted, from which, Awadhesh

Patna High Court CR. MISC. No.10172 of 2020(2) dt.02-03-2020 2/2 Kumar, Subodh Mahto and Dhiraj Kumar(petitioner) were found sitting. On search, Awadhesh Kumar was found in possession of one country made pistol and Subodh Mahto was found in possession of one loaded country made pistol and two live cartridges. Thereafter, on query about the ownership of I-10 car, Awadhesh Kumar, who was driving the vehicle, did not give satisfactory reply.

Learned counsel for the petitioner submits that while petitioner was apprehended at the spot but nothing has been recovered from his possession. It is further submitted that petitioner has no criminal antecedent and is in custody since 04.05.2019.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-VI, Danapur at Patna, in connection with Bikram P.S. Case No. 127 of 2019. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T