Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26675 of 2022 Arising Out of PS. Case No.-940 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== AMIT KUMAR Son of Sanjay Yadav Resident of Village - Mahua, Ward No.- 12, P.S.- Madhepura (Ghailadh O.P.), District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-06-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Madhepura (Ghailadh O.P.) Police Station Case No. 940 of 2020, registered for the offences punishable under Sections 25 (1-B)a/26/35 of the Arms Act.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 04.02.2022, passed in Criminal Misc. No. 43859 of 2021, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order.

The prosecution case, as per the First Information Report, is that two country-made pistols have been recovered from the house of the petitioner and his brother, kept inside their

Patna High Court CR. MISC. No.26675 of 2022(2) dt.22-06-2022 2/2 bed.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail, as observed by this Court in the order dated 04.02.2022. He further submits that the petitioner is in custody since 16.12.2020 and charge sheet has been submitted and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. After having heard learned Counsel for the parties and taking into consideration the fact that this is the second attempt on behalf of the petitioner for grant of regular bail, the petitioner has been in custody since 16.12.2020 and charge sheet has been submitted, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura (Ghailadh O.P.) Police Station Case No. 940 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √