Sukat Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24377 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- SIMRA District- West Champaran ====================================================== SUKAT GOND Son of Late Gopi Gond Resident of Village - Binvaliya, P.S.- Semara, Distt.- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Gupta, Adv.

For the Opposite Party/s :

Mr.H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioner seeks bail in connection with Semara P.S. Case No.95 of 2020, registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

Allegation against the petitioner is that single local made gun 2 pieces khokha of 12 Bore and two miss fire 12 Bore have been recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.24377 of 2021(2) dt.20-09-2021 2/2 as alleged in the FIR. He has been falsely implicated in this case due to police mechanism. No incriminating article has been recovered from the conscious physical possession of the petitioner. Police has alleged in the FIR that during checking in the house, the aforesaid illegal gun was recovered from the house of petitioner but the said house does not belongs to the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 10.10.2020. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of this case and the custody of the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Semara P.S. Case No.95 of 2020. (Anjani Kumar Sharan, J) pallavi/- U T