Patna High CourtCR. MISC./87641/2024bail granted

Dheeraj Kumar v. The State Of Bihar

2025-01-08Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87641 of 2024 Arising Out of PS. Case No.-714 Year-2024 Thana- SONEPUR District- Saran ====================================================== Dheeraj Kumar Son of Late Manoj Kumar @ Manoj Ray R/O- VillJahangirpur, P.S- Sonpur, Distt- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sonpur P.S. Case No. 714 of 2024, instituted for the offences punishable under Sections 317(2), 317(5), 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, there is recovery of one country made pistol along with one live cartridge from the bed of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for

Patna High Court CR. MISC. No.87641 of 2024(2) dt.08-01-2025 2/2 the petitioner further submits that the petitioner has got no concern with regard to the alleged recovery of arms. The alleged recovery has been made from the joint house of the petitioner where other family members also reside. The petitioner is in custody since 24.08.2024 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sonpur P.S. Case No. 714 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T