Patna High CourtCR. MISC./49601/2023allowed

Dipanshu Kumar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49601 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== DIPANSHU KUMAR S/O MUNNA CHAUDHARY R/O VILLAGEMATIHANI , PS. MATIHANI, DIST. BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 25(1-b)a and 26 of the Arms Act.

3. As per prosecution case, there has been recovery of one loaded country-made pistol and one live cartridge near the gate of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The petitioner has no concern with the alleged arms and cartridges, which were seized by the police. Only on the basis of suspicion, petitioner has implicated in the present case by the

Patna High Court CR. MISC. No.49601 of 2023(2) dt.11-08-2023 2/2 police due to his criminal antecedents. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 15.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Matihani P.S. Case No. 177 of 2022.

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