Bijay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24954 of 2021 Arising Out of PS. Case No.-927 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== BIJAY THAKUR SON OF DAROGI THAKUR R/O VILLAGEHASULIYA, P.S.- SIMRI BAKHTIYARPUR, DIST.- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr. Zainul Abadin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-07-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Saharsa Sadar Police Station Case No. 927 of 2019, registered for the offences punishable under Sections 414 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the regular bail application of the petitioner was permitted to be withdrawn by this Court, vide order, dated 23.11.2020, passed in Criminal Misc. No. 28585 of 2020, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order. The allegation, as per the First Information Report, is that one country-made pistol along with three cartridges were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.24954 of 2021(2) dt.28-07-2021 2/2 Learned Counsel for the petitioner submits that the petitioner is in custody since 19.10.2019 and charge sheet has been submitted in this case and as such, there is no likelihood of the petitioner being abscond or tamper with the evidence. He further submits that in all the cases in which the petitioner was made accused, he has been granted bail by the competent Court. Having regard to the submission made on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 19.10.2019, charge sheet has been submitted in this case and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar Police Station Case No. 927 of 2019.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √