Ghooran Mukhiya @ Ghuran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21186 of 2020 Arising Out of PS. Case No.-208 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== GHOORAN MUKHIYA @ GHURAN Son of Pagal Mukhiya Resident of Village- Rampur, P.S.- Hasanpur, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 25(1-b)(a) and 26 of the Arms Act. Prosecution case, in short, is that two country made pistols along with one live cartridge are recovered.

Patna High Court CR. MISC. No.21186 of 2020(2) dt.30-06-2020 2/3 The earlier bail application of the petitioner was rejected vide Annexure-1 to the present application with an observation 'at this stage'. It has further been directed that the petitioner may renew his prayer for bail after the framing of charge or after remained in custody for six months.

It has been submitted on behalf of the petitioner that the petitioner has already remained in custody for six months and charge has also been framed. The petitioner is in custody since 10.10.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that two country made pistols along with one live cartridge are recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Additional District Judge-II, Rosera in connection with Hasanpur P.S. Case No. 208 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

Patna High Court CR. MISC. No.21186 of 2020(2) dt.30-06-2020 3/3 (Sudhir Singh, J) Pankaj/- U T