Patna High CourtCR. MISC./12071/2024bail rejected

Shayamal Thakur v. The State Of Bihar

2024-04-18Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12071 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Shayamal Thakur S/O Bijendra Thakur R/O Village- Uda, Ward No.-02, Paschim Tola, P.S- Udakishunganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

The state of bihar bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 338/2023 , lodged on 01.11.2023 under Sections 25(1-B)a,25(1AA),25(1-A),26,(1)(2),35 of Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against the present petitioner with an allegation that he is the manufactured of illegal arms.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner, but merely on the

Patna High Court CR. MISC. No.12071 of 2024(3) dt.18-04-2024 2/2 basis of suspicion, the petitioner has been made accused in the present case . The antecedent of the petitioner is clean and he is in custody since 02.11.2023.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is alleged to be manufacturer of illegal arms.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that he is not aware about the fact whether the charge has been framed or not.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Udakishunganj P.S. Case no. 338/2023, pending before the learned Chief Judicial Magistrate Madhepura, is hereby rejected.

9. However, the petitioner may renew his prayer for bail after three months of framing of charge. (Dr. Anshuman, J) Ashwini/- U T