Jitendra Kumar @ Golu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22560 of 2020 Arising Out of PS. Case No.337 Year-2019 Thana- Kanti District- Muzaffarpur ====================================================== Jitendra Kumar @ Golu Thakur, [Gender-Male aged about 26 years] Son of Ram Ekwal Thakur, Resident of Village- Arra, P.S.- Kanti, District Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 01-09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kanti P.S. Case No.337 of 2019 for the offences under Sections 25(1b)a, 26 and 35 of the Arms Act and Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that on the basis of secret information when the police raided the house of the petitioner, who fled away and co-accused, namely, Santu Ram was arrested; name of the petitioner was disclosed by coaccused Santu Ram. Three country made pistols, six magazines and twenty four live cartridges were recovered from the house of Santu Ram and from the house of co-accused Dharmendra Ram, 41.760 litres of foreign liquor, two mobile phone and Rs. 70,000/- were recovered. Nothing was recovered from possession of the petitioner. Learned counsel submits that there

is no material on record to connect the petitioner with the commission of crime. Petitioner is in custody since 01.02.2020. Considering the fact that the petitioner is in custody since 01.02.2020 and neither liquor nor any arms and ammunition was recovered from his possession, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge Excise Act, Muzaffarpur in connection with Kanti P.S. Case No.337 of 2019.

Further, on release the petitioner shall render his service as volunteer to combat Covid pandemic for a period of month. He is required to report before the Civil Surgeon, Muzaffarpur-cum-Nodal Officer, Covid.

(Anil Kumar Upadhyay, J) BT/- U T