Patna High CourtCR. MISC./74144/2022allowed

Dharmraj Kumar v. The State Of Bihar

2023-03-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74144 of 2022 Arising Out of PS. Case No.-166 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== DHARMRAJ KUMAR Son of Lalu Sahani R/v- Inayat Nagar P.S.- Goraul District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act. As per FIR, the informant got an information that some miscreants are preparing a plan to commit crime in Lichi Bagan then the informant reached there with police party and after searching there has been recovery of a country-made pistol and a cartridge from the possession of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He submitted that the said recovery of arms

Patna High Court CR. MISC. No.74144 of 2022(2) dt.24-03-2023 2/2 does not belong to the petitioner and he has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para-3 of the bail application. It is also submitted that petitioner is languishing in judicial custody since 10.07.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagwanpur P.S. Case No. 166 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Arish/- Sushma/- U T