Nandlal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14980 of 2025 Arising Out of PS. Case No.-399 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== Nandlal Thakur S/o- Late Mahendra Thakur R/vill- Rani Talab ward no 6 PSIndustrial Area Dist-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sabour P.S. Case No. 399 of 2024 instituted for the offences under Section 25(1-b)a, 26 of the Arms Act.

3. As per prosecution case, the police has recovered one country-made Katta and two bullets from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner has not committed any offence as

Patna High Court CR. MISC. No.14980 of 2025(2) dt.18-03-2025 2/3 alleged in the F.I.R. He further submits that nothing incriminating has been recovered from the conscious/physical possession of the petitioner. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 20.11.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The police has recovered one country made Katta and two bullets from the possession of the petitioner. The petitioner is named in the F.I.R. and, hence, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of

Patna High Court CR. MISC. No.14980 of 2025(2) dt.18-03-2025 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sabour P.S. Case No. 399 of 2024. (Rudra Prakash Mishra, J) rishi/- U T