Patna High CourtCR. MISC./66145/2024bail granted

Dheeraj Singh @ Baba v. The State Of Bihar

2024-09-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66145 of 2024 Arising Out of PS. Case No.-821 Year-2023 Thana- BEUR District- Patna ====================================================== Dheeraj Singh @ Baba Son of Ganesh Singh R/O - Narayanpur, P.S - Narayanpur, District - Bhojpur, At Present R/o - Tenant of Paschimi Jayprakash Nagar, P.S - Jakkanpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Beur P.S. Case No. 821 of 2023, instituted for the offences punishable under Sections 414, 467, 468, 471 of the Indian Penal Code and Sections 25(1B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, one country made pistol and one misfire cartridge have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.66145 of 2024(2) dt.06-09-2024 2/2 the petitioner also submits that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 11.12.2023 and has got three criminal antecedents in which he is on bail in two cases. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 14.08.2024 passed in Cr. Misc. No. 55481 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beur P.S. Case No. 821 of 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T