Avanish Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28961 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- PURNAHYA District- Sheohar ====================================================== Avanish Jha, Son of Late Mahesh Jha, Resident of Village-Methour, Ward No.-8, Police Station-Dumra, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-11-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing.

The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Mr. Mustaque Alam, learned APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with

Patna High Court CR. MISC. No.28961 of 2020(2) dt.09-11-2020 2/3 Purnahiya P.S. Case No.63 of 2019 registered for the offence punishable under Sections 25(1-b), 26, 35 of the Arms Act.

There is an alleged recovery of a country-made pistol and 12 live cartridges from the petitioner. It is submitted by the petitioner's counsel that the petitioner has been falsely implicated in this case. He has no criminal antecedents and is in custody since 01.08.2019. The seizure and recovery is not in accordance with the mandatory procedure prescribed under Cr.P.C.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. 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 Sri Rajesh Kumar Gaurav,learned J.M., 1st Class, Sheohar, in connection with Purnahiya P.S. Case No.63 of 2019, 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

Patna High Court CR. MISC. No.28961 of 2020(2) dt.09-11-2020 3/3 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 fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T