Dharamveer @ Dharmveer Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner : Mr. Nawal Kishore Singh, Advocate For the State : Mr. Lalan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 04-09-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Taraiya PS. Case No-5 of 2025, dated-07.01.2025, registered for the offences punishable under Sections 25(1-B)a, 26, 35 of the Arms Act.

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As per allegation, loaded country made pistol and one cartridge were recovered from the co-accused, Ravi Kumar Singh. As per the further case of the prosecution, the Petitioner was also with the co-accused and when the police reached, he had fled away and as per the confessional statement of the coaccused, Ravi Kumar Singh, he was also present there.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.32849 of 2025(3) dt.04-09-2025 2/3

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Petitioner is innocent and has falsely been implicated in this case. He further submits that nothing has been recovered from the Petitioner, nor is he any way connected with the alleged offence committed by the co-accused and the whole case against the Petitioner is based on the confessional statement of the coaccused before the police which has no evidentiary value.

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It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

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It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in seven other cases.

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However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

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Considering the aforesaid facts and circumstances, particularly the fact that the name of the Petitioner has transpired in the inadmissible confessional statement of the coaccused before the police, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs.

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Patna High Court CR. MISC. No.32849 of 2025(3) dt.04-09-2025 3/3

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10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Taraiya PS. Case No-5 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

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(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner.

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(Jitendra Kumar, J.)

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Chandan/-

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U T

Dharamveer @ Dharmveer Kumar v. The State of Bihar

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Dharamveer @ Dharmveer Kumar v. The State of Bihar

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