Bholu @ Abhishek Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12873 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Bholu @ Abhishek Thakur Son of Sri Shivji Thakur @ Sheoji Thakur Resident of Village- Mitralok Colony, Mishrawalia, Ward no. 12, P.O.- Pandey Patti, P.S.- Buxar Muffassil, District - Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Buxar Muffasil P.S. case No. 398 of 2023 instituted for the offences under Sections 25(1-b)A, 26 of the Arms Act.
3. Prosecution case, in short, is that on the basis of secret information, police recovered one pistol and five live cartridges kept below the pillow from the house of the petitioner.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.12873 of 2024(2) dt.01-03-2024 2/3 petitioner has falsely been implicated in the present case. Learned counsel further submitted that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no concern with the alleged recovery of arms. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.09.2023 and has six criminal antecedents but he is on bail in all the cases.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Muffasil P.S. case No. 398 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.12873 of 2024(2) dt.01-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T