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Patna High CourtCR. MISC./59212/2022allowed

Dinbandhu Kunwar @ Dinbandhu @ Abhishek Vats v. The State Of Bihar

2023-02-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59212 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- BALIYA District- Begusarai ====================================================== Dinbandhu Kunwar @ Dinbandhu @ Abhishek Vats S/O Sanjeet Kunwar Resident Of Village- Nauranga Diara, Presently Resident Of Prashant Nagar, P.S.- Ballia, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 25(1-AA), 25(1-B)a, 26, 35 of the Arms Act. There is recovery of one carbine with magazine and a knife from the possession of co-accused Chhotu Kumar who disclosed the name of the petitioner who fled away from the place of seizure.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.59212 of 2022(2) dt.04-02-2023 2/2 been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner sprang up on the basis of confessional statement of apprehended accused person. The petitioner is languishing in custody since 29.06.2022.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 70 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T