Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27239 of 2023 Arising Out of PS. Case No.-164 Year-2022 Thana- ASARGANJ District- Munger ====================================================== Deepak Kumar Son Of Chandra Shekhar Singh Resident Of Village Baijlalpur, P.S. - Haweli Kharagpur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deep Nishi For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Asarganj P.S. Case No. 164 of 2022 dated 19.10.2022 registered for the offence punishable under Sections 25(1-a)a, 26(i) and 35 of the Arms Act.

3. The allegation against the petitioner is that one loaded country made pistol with a cartridge have been recovered from the box kept in his house.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner lives in joint family and he has no knowledge about incriminating articles. No

Patna High Court CR. MISC. No.27239 of 2023(2) dt.25-05-2023 2/2 incriminating articles has been recovered from the conscious possession of the petitioner. It is further submitted that at the time of occurrence the petitioner was going to market on Toto vehicle and was arrested by the police from another place. Lastly, it has been submitted that the petitioner is in custody since 20.10.2022, having one case of Excise Act against the petitioner and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Munger in connection with Asarganj P.S. Case No. 164 of 2022. (Khatim Reza, J) prabhat/- U T