Dayanand Malakar @ Chhotu Malakar @ Chhotu @ Kulbir @ Suman @ Aakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34377 of 2021 Arising Out of PS. Case No.-324 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== DAYANAND MALAKAR @ CHHOTU MALAKAR @ CHHOTU @ KULBIR @ SUMAN @ AAKASH S/o Late Yogendra Malakar Resident of Village- Nonpur, P.S.- Teghra, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shree Niwas Singh- Advocate For the Opposite Party/s :

Mr. Parmanand Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Teghra P. S. Case No.324 of 2020, instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 27.10.2020 and charge-sheet has been submitted in this case.

Allegation is of recovery of one loaded pistol along with five cartridges.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in this case because of his antecedent and seizure list has been prepared in violation of

Patna High Court CR. MISC. No.34377 of 2021(2) dt.01-12-2021 2/2 Section 100 of the Cr.P.C.

The learned A.P.P. for the State opposes the bail application and submits that petitioner has criminal antecedents. Considering the fact that the petitioner is in custody since 27.10.2020 and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Smt. Neha Kumari Bhalotiya, learned Judicial Magistrate, 1st Class, Begusarai in connection with Teghra P. S. Case No.324 of 2020, with a condition that one of the bailers shall be the brother of the petitioner and further, till the charges are not framed, the petitioner will mark his attendance before the concerned police station on 15th of every month commencing from December, 2021 and in the event, it is reported to the learned Court below that petitioner failed to comply with the direction of the Court, the learned Court below shall be at liberty to cancel his bail bonds. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T