Dharmendra Kumar @ Dharved Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28332 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== DHARMENDRA KUMAR @ DHARVED KUMAR S/o Hiralal Mandal R/o village- Tintanga, P.S.- Udakishunganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-09-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 411, 413 and 414 of the Indian Penal Code and Sections 25(1-B)(a) and 26 of the Arms Act.

As per the prosecution case, during the course of raid of the house of the petitioner Dharmendra Kumar, two stolen motorcycles, 8 live cartridges, one loaded musket and one loaded country-made pistol with live cartridges were recovered from the room of the petitioner.

Patna High Court CR. MISC. No.28332 of 2022(2) dt.20-09-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 19.10.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the stolen motorcycles, firearms and ammunition were recovered from the house of the petitioner which were effective. Charge-sheet has already been submitted against the petitioner under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, 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, Madhepura in connection with Udakishunganj P.S. Case No. 308 of 2021.

The application stands allowed.

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