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Patna High CourtCR. MISC./42923/2024bail granted

Dipu Kumar v. The State Of Bihar

2024-08-30Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42923 of 2024 Arising Out of PS. Case No.-68 Year-2023 Thana- BAGENGOLA District- Buxar ====================================================== Dipu Kumar S/O Rameshwar Chaudhary R/O Village-Baruha, P.S.- Bagengola, District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2024

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Bagengola P.S Case no. 68 of 2023 registered under sections 307, 379, 147, 148, 149, 341, 323, 325, 324, 354A and 506 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the seven named accused persons including the petitioner herein are said to have come variously armed. The petitioner is said to have fired from his country made pistol resulting in fire-arm injury to Surendra Singh.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 17.10.2023 (Annexure-1) passed in Cr. Misc. no. 66909 of

Patna High Court CR. MISC. No.42923 of 2024(3) dt.30-08-2024 2/2 2023 giving liberty to the petitioner to renew his prayer for bail after framing of charge or after completing one year in custody, whichever is later. Referring to the order dated 6.8.2024 contained in Annexure-5, it is submitted that charge has been framed against the petitioner in the learned trial Court. The petitioner is in custody since 1.6.2023 and undertakes to cooperate in the trial.

5. Heard learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation, liberty granted to the petitioner by the aforesaid order of rejection dated 17.10.2023, charge having been framed in the case together with the petitioner having remained in custody since 1.6.2023, the petitioner is directed to be enlarged on bail in connection with Bagengola P.S Case no. 68 of 2023 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 Chief Judicial Magistrate-V, Buxar.

(Partha Sarthy, J) Shiv/- U T