Amarendra Kumar Sah @ Amarendra Sah Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18569 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== AMARENDRA KUMAR SAH @ AMARENDRA SAH GOND S/o Sakaldeo Sah @ Sakal Deo Sah @ Sakaldeo Sah Gond Resident of Village- Chitu Tola, P.S.- Thawe, Distt- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Gopalganj Police Station Case No. 32 of 2020, registered for the offences punishable under Section 414/34 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act. The allegation against the petitioner is that the police intercepted one motorcycle, on which three persons were travelling and the petitioner was driving the motorcycle and upon search, one loaded country-made pistol was recovered from the possession of co-accused Shyam Kumar and one live cartridge was recovered from the possession of this petitioner.

Patna High Court CR. MISC. No.18569 of 2020(2) dt.03-06-2020 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch as there is contradiction between the written report lodged by the police officials and the seizure list, as in the written report, the police has not stated anything about recovery of incriminating articles, but in the seizure list, it has been shown that the petitioner was having one live cartridge of 8 MM. He further submits that the petitioner has got no criminal antecedent and he is in judicial custody since 15.01.2020.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he is in judicial custody since 15.01.2020, I am inclined to grant regular bail to the petitioner. Accordingly, 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, Gopalganj, in connection with Gopalganj Police Station Case No. 32 of 2020.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

Patna High Court CR. MISC. No.18569 of 2020(2) dt.03-06-2020 3/3 (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √