Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27779 of 2020 Arising Out of PS. Case No.-56 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== PANKAJ KUMAR S/O Ravindranath Mishra R/O Village - Shivrajpur, P.S. - Nautan, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. S. M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Nautan Police Station Case No. 56 of 2020, registered for the offences punishable under Section 25(1-B)a/26/35 of the Arms Act.

The allegation, as per the First Information Report, is that one single barrel gun has been recovered from the house of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedent. He further submits that the seizure was not made in accordance with the provisions of

Patna High Court CR. MISC. No.27779 of 2020(2) dt.05-11-2020 2/2 Section 100 of the Code of Criminal Procedure and the petitioner is in custody since 23.02.2020.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 23.02.2020 having no criminal antecedent, I am inclined to grant bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Nautan Police Station Case No. 56 of 2020. It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

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