Udit Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22443 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- SIKRAUL District- Buxar ====================================================== UDIT KUMAR PANDEY Son of Rabi Kant Pandey Resident and P.S.- Naya Bhojpur, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Md. Fahimuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2020 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 Sections 25(1-b)a, 26 and 35 of the Arms Act. Prosecution case, in short, is that one country made pistol, one live cartridge and one empty cartridge are recovered.

Patna High Court CR. MISC. No.22443 of 2020(2) dt.14-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.02.2020 and has got no criminal antecedent. Charge-sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that one country made pistol, one live cartridge and one empty 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.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 6th Buxar in connection with Sikraul P.S. Case No. 23/2020.

(Sudhir Singh, J) Pankaj/- U T