Dipak Kumar @ Dipak Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 60427 of 2023 Arising Out of PS. Case No.-875 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Dipak Kumar @ Dipak Sah S/O Devendra Sah R/O Village - Patwatoli, Premnagar, Lalganj, P.S. - Lalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Kumar For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1b)a, 26 and 35 of the Arms Act. As per prosecution case, the petitioner was apprehended on the spot and from whose possession one country made pistol was recovered.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated and arrested in this case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged recovery. It is
Patna High Court CR. MISC. No. 60427 of 2023(2) dt.12-09-2023 2/2 further submitted that the seizure list has not been prepared as per provision of Section 100 of the Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 21.11.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Town P.S. Case No. 875 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T