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Patna High CourtCR. MISC./11526/2019allowed

Dhiraj Kumar v. The State Of Bihar

2019-02-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11526 of 2019 Arising Out of PS. Case No.-412 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== Dhiraj Kumar, Son of Late Binod Bhagat, Resident of Village - Basauli, P.S.- Kudhani, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Dariyapur P.S. Case No. 412 of 2018 for the offence under Section 414 of the Indian Penal Code and Sections 25(1-b) a/26 /35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he is in custody since 17.12.2018. Referring to the prosecution case, learned counsel for the petitioner submits that the allegation against this petitioner is that one stolen motorcycle was recovered from his Dalan. Referring to Annexure-2, he submits that the petitioner is the owner of the motorcycle and not stolen one. He further submits that similarly circumstanced other co-accused, from whose possession country made pistol was recovered, have been granted bail by a Co-ordinate Bench of this Court.

Patna High Court CR. MISC. No.11526 of 2019(2) dt.26-02-2019 2/2 Considering the facts and circumstances of the case, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Saran in connection with Dariyapur P.S. Case No. 412 of 2018.

(Anil Kumar Upadhyay, J) uday/- U T