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2025 DAILYLAW 56161 (PAT)

Dev Bhushan Kumar @ Dev Bhushan Singh @ Jhakar v. The State of Bihar

CR. MISC./43579/2025 · 2025-07-18

Shailendra Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43579 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Dev Bhushan Kumar @ Dev Bhushan Singh @ Jhakar, S/o Rambachan Singh R/o Village- Tetariyan, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Singh, Adv. For the State : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 18-07-2025 1. Heard Mr. Arun Kumar Singh, learned counsel for the petitioner and Mr. Suresh Prasad Singh,learned APP for the State. 2. The petitioner seeks regular bail in connection with Udwantnagar P. S. Case No. 137 of 2025, dated 19.03.2025 registered for the offences punishable under Sections 25(1B)(a), 26 and 35 of the Arms Act. 3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to the recovery of firearms along with five live cartridges from the husk room of the house belonging to the petitioner's brother, based on the disclouser made by this petitioner, the petitioner has been languishing in jail since 19.03.2025 and he has been falsely Patna High Court CR. MISC. No.43579 of 2025(2) dt.18-07-2025 2/3 roped in the recovery of the alleged firearms, though against this petitioner there is criminal antecedent of one case bearing Udwantnagar P.S. Case No. 106 of 2025 relating to the murder of one person but in that case the petitioner was made accused mainly on the basis of confessional statement of named co- accused Anshu Kumar and in that case, the father of the deceased claimed to have seen the occurrence of murder who made the direct allegation against the said co-accused Anshu Kumar showing him the sole assailant. It is further submitted that against this petitioner, investigation has been completed and recovery of firearms is said to have been made from the husk room of the house of the brother of this petitioner and not in the petitioner's house and further, the petitioner has got bail in his one antecedent case. 4. Learned APP appearing for the State has opposed the bail prayer of the petitioner. 5. Considering the aforesaid submissions advanced by the petitioner's counsel and mainly petitioner's young age and the completion of investigation against him, this court is inclined to release him on bail. Accordingly, let the petitioner named-above, be enlarged on bail in connection with Udwantnagar P. S. Case No. 137 of 2025 on furnishing bail Patna High Court CR. MISC. No.43579 of 2025(2) dt.18-07-2025 3/3 bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, on further condition that the petitioner shall be released after framing of charges, if the charges have not been framed upon him till date. Rajiv (Shailendra Singh, J) U T