Krishna Thakur @ Bhutan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28183 of 2021 Arising Out of PS. Case No.-289 Year-2020 Thana- MIRGANJ District- Gopalganj ====================================================== Krishna Thakur @ Bhutan S/O Budhai Thakur R/O Village- Jagtauli, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Rakesh For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

This bail application has been listed on the basis of urgent mentioning slip filed by the learned counsel for the petitioner stating that petitioner is suffering from heart disease and there was heart attack during judicial custody.

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, the office will place the matter before the Bench. The petitioner seeks bail in connection with Mirganj P.S. Case No. 289 of 2020 registered for the offence punishable under Sections 25(1-B)a/26 of the Arms Act.

On vehicle checking by the informant two country made pistols, four live cartridges were recovered from the possession of the

Patna High Court CR. MISC. No.28183 of 2021(2) dt.14-09-2021 2/2 petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as has been mentioned in para 3 of this bail application and he is languishing in custody since 17.12.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, 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 court below where the case is pending/successor Court in connection with Mirganj P.S. Case No. 289 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T