Patna High CourtCR. MISC./24392/2020bail granted

Rohit Kumar v. The State Of Bihar

2020-09-22Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24392 of 2020 Arising Out of PS. Case No.-107 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== ROHIT KUMAR S/o Mohan Singh Resident of Village- BihatKhemkaranpur Tola, P.S.- Barauni, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mr. Shubhesh Pandey , learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Barauni P.S. Case No. 107 of 2020 registered for the offence punishable under Section 25 (1-B) a / 26 of the Arms Act . The allegation against the petitioner is that Police intercepted him and recovered a country made loaded pistol along with one live cartridge from his possession. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive. Learned counsel further submits that procedure prescribed under Section 100 Cr.P.C. for search was seizure was not followed and in the seizure list no independent witnesses are

Patna High Court CR. MISC. No.24392 of 2020(2) dt.22-09-2020 2/2 there. Learned counsel further submits that petitioner has got no criminal antecedent and he is in custody since 18.03.2020. Having regard to the submissions made by the parties, taking into consideration the fact that petitioner has got no criminal antecedent and he is in custody since 18.03.2020, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai / court concerned in connection with Barauni P.S. Case No. 107 of 2020. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T