Deepu Kumar @ Deepak Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68339 of 2022 Arising Out of PS. Case No.-296 Year-2021 Thana- BUNIYAD GANJ District- Gaya ====================================================== Deepu Kumar @ Deepak Kumar Choudhary, Son of Nathun Choudhary, R/o Village- Head Manpur, Kukra, P.S.- Buniyadganj, District- Gaya. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Buniyadganj P.S. Case No. 296 of 2021 (G.R. No. 6495/2021) registered for the offence under Section 25(1-b)a/26 of Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 28.12.2021.

The allegation against the petitioner is to have in possession of one country made pistol alongwith six live cartridges.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.68339 of 2022(2) dt.15-03-2023 2/3 submitted that alleged recovery of firearm is not appears to be recovered from the conscious physical possession of this petitioner. It is also pointed out that the seizure list appears doubtful being not supported by independent witnesses rather by police personnels. It is also submitted that implication is only due to criminal antecedents of the petitioner as he found involved in seven criminal cases, where he is on bail in six cases. It is also pointed out that petitioner is in custody since about one and half years and he almost completed half period of maximum sentence which can be awarded on conviction. While concluding the argument, it is submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner is in custody since 28.12.2021, coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Buniyadganj P.S. Case No. 296 of 2021 (G.R. No. 6495/2021) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.68339 of 2022(2) dt.15-03-2023 3/3 satisfaction of learned Additional Chief Judicial MagistrateVIII, Gaya/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T