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Patna High CourtCR. MISC./49822/2019allowed

Dinesh Kumar @ Dinesh Kunwar @ Pappu Kunwar v. The State Of Bihar

2019-08-08Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49822 of 2019 Arising Out of PS. Case No.-518 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== DINESH KUMAR @ DINESH KUNWAR @ PAPPU KUNWAR Son of Late Nand Kishore Kunwar Resident of Mohalla-Umanagar, Police Station-Chapra Muffasil, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-08-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State as well as the informant.

The petitioner is in custody in connection with Bhagwan Bazar P.S. Case No. 518 of 2018 for the offenses under Sections 348, 506, 384, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the informant and the petitioner are Mama-Bhanja. The allegation against the petitioner is that he was involved in indiscriminate firing on the informant. However, no injury was sustained by the informant or his side. The petitioner is in custody since

Patna High Court CR. MISC. No.49822 of 2019(2) dt.08-08-2019 2/2 22.2.2019. There is no recovery of arms from the possession of the petitioner. The country made pistol was recovered from the brother of the petitioner.

Considering the fact that nothing was recovered from the possession of the petitioner and the petitioner and the informant are Mama-Bhanja and the petitioner has remained in custody for more than five months, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 518 of 2018. (Anil Kumar Upadhyay, J) spandey/- U T