Dilip Rai @ Dilip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83387 of 2023 Arising Out of PS. Case No.-568 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Dilip Rai @ Dilip Kumar Son of Indrajit Rai, R/O Village- Dhankaul, P.S.- Piprahi, Dist.- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner seeks regular bail in connection with Sitamarhi PS Case No. 568 of 2023 dated 15.07.2023, for the offences registered under Sections 399, 402, 413, 414, 468 and 467 of the Indian Penal Code and under Sections 25(1-B)a, 26 and 35 of Arms Act.

3.

Allegedly, illegal fire-arms and ammunitions have been recovered from the possession of the petitioner. 4.

Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in the present case and no incriminating article has been recovered from his possession. He further submits that a similarly situated

Patna High Court CR. MISC. No.83387 of 2023(2) dt.18-01-2024 2/2 co-accused person namely, Kanhaiya Kumar @ Kanhaiya Kumar Yadav has been granted regular bail by a co-ordinate Bench of this Court vide order dated 17.10.2023 passed in Cr. Misc. No. 67297 of 2023 and he has been languishing in jail since 16.07.2023.

5.

Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner. 6.

Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named-above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned concerned Court in Sitamarhi PS Case No. 568 of 2023.

(Sunil Dutta Mishra, J) Shahnawaz/- U T