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Patna High CourtCR. MISC./55946/2021allowed

Deepak Kumar v. The State Of Bihar

2022-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55946 of 2021 Arising Out of PS. Case No.-331 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== DEEPAK KUMAR S/o Anil Kumar Singh R/o village- Turti, P.S.- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25 (1-b)a and 26 of the Arms Act.

Allegation against the petitioner that he produced one DBBT country made katta and two alive cartridges which were thrown by co-accused Muneshwar Ram.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.55946 of 2021(3) dt.13-10-2022 2/2 case. He submits that petitioner was not present at the spot and he is a poor labour. He submits that from the perusal of the seizure list there is no recovery either from the house or from the conscious possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the fact that there is no recovery made from the conscious possession of the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bikramganj P.S. Case No. 331 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T