Abinash Kumar @ Hudda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38386 of 2021 Arising Out of PS. Case No.-676 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Abinash Kumar @ Hudda, Son of Late Chandrachur Paswan, Resident of Mohalla - Pokharia, Balidani Durgaasthan, P.s.- Town (Begusarai), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Town (Begusarai) P.S. Case No.676 of 2020 (G.R. No.4085 of 2020) registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

Since 06.12.2020, the petitioner is stated to be in custody for alleged recovery of a loaded country made pistol and one live cartridge.

Petitioner's counsel submits that the recovery is not in accordance with law. He denies and disputes the recovery altogether. The petitioner is stated to be on bail in Town P.S. Case No.617 of 2020.

Patna High Court CR. MISC. No.38386 of 2021(2) dt.14-12-2021 2/3 Learned APP for the State has opposed the prayer for bail.

Considering the rival submission as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Accordingly, let the petitioner, above named, be released on bail on 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, Begusarai, in connection with Town (Begusarai) P.S. Case No.676 of 2020 (G.R. No.4085 of 2020), subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he

Patna High Court CR. MISC. No.38386 of 2021(2) dt.14-12-2021 3/3 fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T