Dhiraj Modi @ Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63593 of 2024 Arising Out of PS. Case No.-448 Year-2024 Thana- JAMUI District- Jamui ====================================================== Dhiraj Modi @ Dhiraj Kumar Son of Late Ramotar Modi @ Late Ramautari Modiramautari modi Resident of Village- Sanagthu, P.S.- Jamui, DistrictJamui (Bihar) ... ... Petitioner/s
Versus
The State of Bihar, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jamui P.S. Case No. 448 of 2024 dated 17.07.2024 registered for the offences punishable u/ss 126(2), 115(2), 109, 352, 351 (2)(3), 3(5) of Bhartiya Nyaya Sanhita, section 27 of the Arms Act and sections 37, 45 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have assaulted one Dharmendra Mahto with legs and fists while the solar light was being installed in the village and the petitioner also fired from his licensee pistol which did not hit anyone. It is further alleged
Patna High Court CR. MISC. No.63593 of 2024(2) dt.04-09-2024 2/2 that on search, a pistol and 24 live cartridges were recovered from the possession of the petitioner and two empty cartridges were also recovered from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no one sustained fire arm injury. The petitioner has no concern with the allege recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jamui in connection with Jamui P.S. Case No. 448 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T