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Patna High CourtCR. MISC./32267/2023allowed

Deepak Kumar v. The State Of Bihar

2023-06-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32267 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- SHASTRINAGAR District- Patna ====================================================== DEEPAK KUMAR Son of Bijendra Singh Resident of Village- Kab, P.S.- Rani Talab, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeeb Kumar Sanju For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 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 sections25(1b)a, 25(1-b)aa 26, 35 of the Arms Act. As per prosecution case, it is a case of recovery of one Desi Katta along with four live cartridges from the possession of the petitioner.

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 has no concern with the alleged recovery, which were seized in this alleged occurrence. Similarly situated co-accused has

Patna High Court CR. MISC. No.32267 of 2023(2) dt.24-06-2023 2/2 already been granted bail by this Court vide order dated 25.02.2023 passed in Cr. Misc. No. 65110 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 27.06.2022.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shastri Nagar P.S. Case No. 366 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Patna.

(Sunil Kumar Panwar, J) manishkumar/- U T