Patna High CourtCR. MISC./36854/2021bail granted

Deepak Kumar v. The State Of Bihar

2022-01-05Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36854 of 2021 Arising Out of PS. Case No.-26 Year-2018 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== DEEPAK KUMAR S/O SUBHASH SINGH R/O VILLAGEBAKHTIYARPUR, P.S-BAKHTIYARPUR, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lal Babu Singh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 353 and 34 of the Indian Penal Code and sections 25(1-B)(a) and 26 of the Arms Act.

As per the prosecution case, it is stated that on being caught the petitioner fired on the police personnel but his shot missed. It is further stated that on search a loaded country made pistol with the live cartridge was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The

Patna High Court CR. MISC. No.36854 of 2021(2) dt.05-01-2022 2/2 allegations of firing on the police personnel is absolutely false and concocted. No incriminating article has been recovered from the petitioner's possession. The petitioner is in custody since 18.3.2018 and there is no progress in the case in the learned trial Court.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 3 years 9 months, the Court directs the petitioner to be enlarged on bail in connection with Bakhtiyarpur Rail P.S. Case no. 26 of 2018 (S.T. no.406 of 2018) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 8th, Patna.

(Partha Sarthy, J) Bibhash/- U