Arun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23100 of 2020 Arising Out of PS. Case No.-32 Year-2020 Thana- SURYAGARHA District- Lakhisarai ====================================================== ARUN RAM S/o Radheraman Ram Resident of Village-Suryapura, Tilaknagar, P.S.-Suryagarha, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2020 Heard Mr. Mayank Bilochan, learned counsel for the petitioner and Mr. Ataur Rahman, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Suryagarha P.S. Case No. 32 of 2020 registered for the offences punishable under Sections 25(1)a, 25(1-aa), 25(1b)a, 26(I)(ii) and 35 of the Arms Act. The allegation against the petitioner is that the Police on the basis of secret information that one Anil Kumar is involved in sale and purchase of illegal Arms, proceeded towards the place of occurrence and on seeing the Police party, two persons tried to flee away, but the

Patna High Court CR. MISC. No.23100 of 2020(2) dt.09-09-2020 2/3 Police succeeded in apprehending them. On search, four country made pistols and eight magazines have been recovered from Anil Kumar and three live cartridges have been recovered from the pocket of Arun Ram (petitioner). Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got clean antecedent. Learned counsel further submits that the petitioner had visited the Studio of the co-accused and has falsely been implicated in this case with oblique motive. Learned counsel for the petitioner also submits that the petitioner is in custody since 19.2.2020 and at the time of seizure, the procedure prescribed under Section 100 Cr. P.C. was not followed by Police. Having regard to the submissions made by the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and he has remained in custody for about six months, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.23100 of 2020(2) dt.09-09-2020 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Suryagarha P.S. 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.

(Anil Kumar Sinha, J) S.Ali/- U T