Gaurav Kumar @ Mukund Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3270 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- KATRA District- Muzaffarpur ====================================================== GAURAV KUMAR @ MUKUND KUMAR Son of Shiv Kumar Singh @ Tunai Singh Resident of Village - Dhanaur, P.S. - Katra, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 16-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

The petitioner seeks regular bail in connection with Katra P.S. Case No. 162 of 2021, registered for the offences punishable under Sections 25(1-b)a and 26 of Arms Act. As per seizure list, one country made pistol and two live cartridges were recovered from the house of the petitioner. Learned counsel for the petitioner submitted that petitioner is in custody since 04.07.2021. Petitioner was neither arrested on the spot nor any incriminating materials was recovered from the possession of the petitioner. He further submits that petitioner having clean antecedent but after arrest in this case he has been remanded in Katra P.S. Case No. 93/2021.

Patna High Court CR. MISC. No.3270 of 2022(2) dt.16-06-2022 2/2 The learned APP for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case and the period of custody as well as materials available on record and argument advanced on behalf of both parties, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Muzaffarpur (East) in connection with Katra P.S. Case No. 162 of 2021, subject to following condition: (i) The petitioner shall be released after framing of charge.

(ii) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(iii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned trial court itself.

(Alok Kumar Pandey, J) Ranjeet/- U T