Govind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33754 of 2021 Arising Out of PS. Case No.-736 Year-2020 Thana- NAGAR District- Vaishali ====================================================== GOVIND KUMAR S/o Ram Balak Tanti R/o village- Bhawanipur, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard Mr. Awadhesh Kumar Singh, learned counsel for the petitioner and Mr. Bal Mukund Prasad Sinha, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Hajipur Town PS Case No. 736/2020 registered for the offences punishable under Sections 399/402 of the IPC and Sections 25(1-b)a, 26/35 of the Arms Act.

The allegation, as per First Information Report, is that the police on the basis of secret information that some miscreants have assembled proceeded towards the place of occurrence and upon seeing the police party, the accused persons started fleeing away, however, two persons were arrested, namely, Govind Kumar (petitioner) and Ganga Sagar. It is further alleged that from possession of the petitioner one loaded pistol and two live cartridges were recovered. Learned counsel for the petitioner submits that petitioner has got no criminal antecedents and he has not

Patna High Court CR. MISC. No.33754 of 2021(2) dt.22-12-2021 2/2 committed any offence in the manner alleged. He next submits that at the time of seizure of fire arm, the procedure under Section 100 CrPC has not been followed and the petitioner is in custody since 15.11.2020.

Having regards to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedents, he is in custody since 15.11.2020 and the charge-sheet has been submitted in the matter, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. Accordingly, let the petitioner, GOVIND KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town PS Case No. 736/2020.

(Anil Kumar Sinha, J) perwez U T