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Patna High CourtCR. MISC./5567/2024allowed

Deepak Dhanuk v. The State Of Bihar

2024-02-09Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5567 of 2024 Arising Out of PS. Case No.-448 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Deepak Dhanuk Son Of Kishun Dhanuk R/O Village- Shahpur Ward No. 11, P.S.- Shahpur, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per F.I.R is that on 27.09.2023 at 11:50 am, the informant being police officer has received a video on his official mobile number and in the said video, two persons were seen firing and showing firearms who have been identified by the local Chaukidar as Deepak Dhanuk(petitioner) and co-accused

Patna High Court CR. MISC. No.5567 of 2024(2) dt.09-02-2024 2/3 Bharat Kumar Gupta.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no complaint of any kind from anyone whatsoever and the F.I.R was registered without preliminary investigation or verifying the facts. Nothing has been recovered from the conscious possession of the petitioner and the petitioner has been roped in the present case since petitioner has criminal antecedents. The petitioner is languishing in custody since 28.09.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.5567 of 2024(2) dt.09-02-2024 3/3 Judicial Magistrate, 1st, Bhojpur, Ara in connection with Shahpur P.S. Case No. 448 of 2023.

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