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Patna High CourtCR. MISC./85972/2023allowed

Anil Kumar v. The State Of Bihar

2024-01-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85972 of 2023 Arising Out of PS. Case No.-287 Year-2023 Thana- DULHIN BAZAR District- Patna ====================================================== Anil Kumar Son of Sudershan Yadav, Resident of Village- Pansari (Bharatpura), P.S.- Dulhin Bazar, Distt- Patna. ... ... 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. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Dulhin Bazar P.S. Case No.287 of 2023, registered for the offences punishable under Sections 25(1-b)a/26 of the Arms Act.

3. As per the prosecution case, the petitioner was arrested with one desi katta and one live cartridge.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to the reason that he is a political worker. He further submits that from the seizure list it transpires that there is no any signature of petitioner and there is no independent witness. He also submits that although petitioner is accused in four criminal cases in which he is on bail and the same do not belongs to the

Patna High Court CR. MISC. No.85972 of 2023(2) dt.16-01-2024 2/2 Arms Act. Learned counsel submits that petitioner is in custody since 26.08.2023 and the charge sheet has already been submitted in this case and there is no chance of absconding the petitioner or tampering with the evidence.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, 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 learned J.M. 1st Class, Danapur, Patna in connection with Dulhin Bazar P.S. Case No.287 of 2023, subject to the following conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) Ritik/- U T