Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20756 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== Dhiraj Kumar Son Of Harendra Mahto Resident Of Village - Sarmastpur, P.S.- Paroo, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 The defects, as pointed out by the Office is hereby ignored.

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 399, 400 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per prosecution case, informant alleged that on getting secret information he along with police party reached Kamalpura Chowk and apprehended five accused persons along with this petitioner and during

Patna High Court CR. MISC. No.20756 of 2023(2) dt.24-06-2023 2/3 search from this petitioner a loaded pistol and three mobiles were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner denies that any incriminating article has been recovered from his possession. The petitioner is languishing in judicial custody since 14.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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 as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Paroo P.S. Case No. 441 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of

Patna High Court CR. MISC. No.20756 of 2023(2) dt.24-06-2023 3/3 the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur(West). (Sunil Kumar Panwar, J) Shageer/- U T