Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71594 of 2022 Arising Out of PS. Case No.-225 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Dhiraj Kumar Son Of Ashok Sah Resident Of Village- Chhoti Balia Uppar Tola, Ward No.-08, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 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 connection with Sahebpur Kamal P.S. Case No. 225 of 2021 registered under sections 393, 397 and 307 of the Indian Penal Code and 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioner is that there is recovery of one country made loaded pistol with one live cartridge and one misfired cartridge from him. Further alleged that he tried to rob motorcycle and opened fire upon the informant, but narrowly escaped and didn't hit anyone. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that no

Patna High Court CR. MISC. No.71594 of 2022(2) dt.17-03-2023 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Further submitted that there is no independent witness of seizure list rather both witnesses are police personnel. During investigation, no substantive evidence came against the petitioner to connect in this case. Due to his previous criminal history, he has been roped in this case. He has no concern with the alleged ammunition. He is languishing in judicial custody since 31.08.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sahebpur Kamal P.S. Case No. 225 of 2021 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 Additional Sessions Judge IX Begusarai.

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