Patna High CourtCR. MISC./703/2024allowed

Dev Kant Ray v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.703 of 2024 Arising Out of PS. Case No.-367 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Dev Kant Ray S/O Late Ram Ekbal Ray @ Ram Ekval Ray R/O VillageDarba, P.S- Tajpur (HALAI O.P.), Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 290 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act.

3. Prosecution case relates to recovery of one country made pistol from the possession of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concern with the seized incriminating weapon. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since

Patna High Court CR. MISC. No.703 of 2024(2) dt.16-01-2024 2/2 27.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge if the charge is not framed in connection with Tajpur (Halai O.P.) P.S. Case No. 367 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Samastipur. (Sunil Kumar Panwar, J) Shubham/- U T