Deepak Kumar @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47522 of 2023 Arising Out of PS. Case No.-575 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== DEEPAK KUMAR @ DIPAK KUMAR S/O LATE SHANKAR RAJAK R/O VILLAGE- ADARSH MAHALLA TRIVENIGANJ, WARD NO-18, PS. TRIVENIGANJ, DIST. SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

1. 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 Triveniganj P.S. Case No. 575 of 2022 dated 18.12.2022 registered for the offences punishable u/ss 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

4. As per the prosecution case, one country made pistol and 4 cartridges were recovered from the possession of the petitioner no. 1 whereas one country made pistol and 3 live cartridges as well as one mobile phone were recovered from the

Patna High Court CR. MISC. No.47522 of 2023(2) dt.04-08-2023 2/2 possession of the petitioner no. 2.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 28.06.2023 passed in Cr. Misc. No. 36976 of 2023. The petitioner is accused in one more criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 13.12.2022.

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, Supaul in connection with Triveniganj P.S. Case No. 575 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T