Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21275 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Guddu Kumar Son of Ram Jatan Prasad Resident of Village - Keshopur, P.S.- Sakra, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sakra P.S. Case No. 61 of 2021 registered for the offence under Sections 400, 402 and 399 of the Indian Penal Code and Sections 25(1b)a, 26 and 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 20.01.2021.

The allegation against the petitioner is to have in possession of one country made pistol, alongwith one live cartridge.

Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of fire arm was not made from the conscious physical possession of the petitioner, where

Patna High Court CR. MISC. No.21275 of 2022(2) dt.05-09-2022 2/2 seizure list witnesses appears to be the pocket witnesses of the police, as same witnesses are available for each seizure list. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as petitioner is in custody since 20.01.2021 coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Sakra P.S. Case No. 61 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Muzaffarpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T