Tushar Chandra Mukund v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19978 of 2025 Arising Out of PS. Case No.-112 Year-2024 Thana- MAHINDWARA District- Sitamarhi ====================================================== Tushar Chandra Mukund Son of Kumar Nath Jha Village- Ghoghardiha, PsGhoghardiha, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-04-2025 Heard Mr. Hiraday Narayan Harshit, learned counsel for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.

2. Petitioner seeks regular bail in connection with Mahindwara P.S. Case No. 112/ 2024 dated 14.08.2024 registered for the offence(s) punishable under Section(s) 25(1B)a, 26 and 35 of the Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that as per the allegation, two country made pistols and 12 live cartridges are alleged to have been recovered from the possession of the petitioner but the petitioner had no knowledge of that firearms as co-accused, Shivesh Kumar Jha @ Uday asked him to take the particular bag and hand over the same to someone, so, the petitioner was bonafidely taking that bag at the instruction of co-accused, Shivesh Kumar Jha @ Uday. It is further submitted that petitioner has been languishing in jail since 15.08.2024 and against him investigation has been completed, though, against

Patna High Court CR. MISC. No.19978 of 2025(2) dt.25-04-2025 2/2 him there are criminal antecedent of two cases out of which he is on bail in one case.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both the sides and perused the FIR.

6. Though, the instant matter relates to the recovery of firearms from the possession of the petitioner but considering his custody period and completion of investigation against him and also the fact that most of the witnesses are official persons except two and alleged offences are triable by the court of Magistrate, in my opinion, it is a fit case for grant of privilege of regular bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Mahindwara P.S. Case No. 112/ 2024 on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned with the condition that the petitioner shall be released on bail after framing of charge.

(Shailendra Singh, J) BKS/- U T