Patna High CourtCR. MISC./56804/2023allowed

Dhiraj Kumar@Golu v. The State Of Bihar

2023-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56804 of 2023 Arising Out of PS. Case No.-267 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Dhiraj Kumar@Golu Son Of Late Dilip Roy Resident Of Village And Post Office And Police Station- Matihani, Dist. -Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 414/34 of the IPC and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. As per allegation in the FIR, five accused on two motorcycle was coming from B.P. School and on seeing the police party they tried to escape but on chase they were apprehended including the petitioner. From possession of the petitioner two cartridges were recovered from possession of the petitioner and he also could not produce valid paper in respect of motorcycle.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.56804 of 2023(2) dt.12-09-2023 2/2 that petitioner has been falsely implicated in this case. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Petitioner is languishing in judicial custody since 20.4.2023.

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, 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 Judicial Magistrate 1st Class, Begusarai in connection with Begusarai Town (Ratanpur) P.S. Case No. 267 of 2023.

(Sunil Kumar Panwar, J) lata/- U