Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60164 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== DILKHUSH KUMAR Son of Late Mukesh Singh Resident of Village - Jalalpur P.S.- Panchamahla, O.P. (Maranchi), Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmod Kumar, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Teghra P.S. Case No. 209 of 2020 instituted for the offences under Sections 25(b)a and 26 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 25.07.2020, charge-sheet has been submitted and has antecedent of five cases.

Allegation is of recovery of one loaded pistol and one live cartridge from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case based on his antecedent and nothing was recovered from the

Patna High Court CR. MISC. No.60164 of 2021(2) dt.10-03-2022 2/2 possession of the petitioner and even assuming what has been alleged is true without accepting then the petitioner has remained in custody for merely more than one and half years. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody and charge-sheet has been submitted, let the petitioner above named be released 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 learned Judicial Magistrate, 1st Class, Begusari/successor Court in connection with Teghra P.S. Case No. 209 of 2020, with condition that one of the bailors shall be the uncle (Sintu Kumar) of the petitioner. (Satyavrat Verma, J) Kundan/- U T