Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58942 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- PIPRA District- East Champaran ====================================================== Deepak Kumar S/O Ramayan Yadav @ Ramayan Rai R/O Village- Amwan, P.S- Turkauliya, Distt.- East Champaran At Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413 and 414 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act.

3. Prosecution case relates to recovery of one live cartridge from the possession of the petitioner and one country made pistol along with one live cartridge was recovered from the co-accused person. Further, a motorcycle was also recovered by the police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that

Patna High Court CR. MISC. No.58942 of 2023(2) dt.08-09-2023 2/2 he has no concern either with the seized live cartridge or with the seized motorcycle as well as with the co-accused person rather the motorcycle belongs to the guest of the petitioner from whom petitioner took motorcycle and on the way, co-accused took lift from him. Annexure-2 has been annexed regarding the documents of the motorcycle of the guest of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 21.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Pipra P.S. Case No. 192 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sadar, Motihari (Sunil Kumar Panwar, J) shubham/- U T