Patna High CourtCR. MISC./28052/2023bail granted

Bittu Kumar @ Deepak Kumar v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28052 of 2023 Arising Out of PS. Case No.-462 Year-2022 Thana- BARH District- Patna ====================================================== BITTU KUMAR @ DEEPAK KUMAR Son of Bhola Singh Resident of Village - Berhna, P.S.- Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 462 of 2022 dated 20.07.2022 registered for the offences punishable u/s 25(1-b)a, 26 of the Arms Act.

4. As per the prosecution case, the petitioner was apprehended by police and on search one country made pistol, a loaded Magazine containing 6 cartridges and other Magazine kept in the right pocket of his trouser containing 6 cartridges, 12

Patna High Court CR. MISC. No.28052 of 2023(3) dt.16-08-2023 2/2 cartridges kept in a bag and a mobile phone were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. The petitioner is accused in seven other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.07.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Barh, Patna in connection with Barh P.S. Case No. 462 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T