Kumar Gaurab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28901 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== KUMAR GAURAB S/o Naresh Prasad Singh Resident of Village-Aura Bagicha, P.S.-Dharhara, District-Munger presently residing at MohallaMusabani, P.S-Musabani, District-East Singhbhum (Jharkhand). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivendra Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Naresh Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Sri Ram Naresh Rai, the learned APP for the State.

The petitioner seeks regular bail in connection with S.Kamal P.S. Case No. 14 of 2020, registered for the offence punishable under Sections 25 (1-b)a and 26 of the Arms Act.

The allegation is regarding the police force

Patna High Court CR. MISC. No.28901 of 2020(2) dt.12-11-2020 2/3 having apprehended the petitioner and upon search, three country made pistols, magazines and pillets were recovered from his possession.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 17.01.2020.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the period of incarceration of the petitioner and the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail, however, subject to certain conditions.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.28901 of 2020(2) dt.12-11-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with S.Kamal (Sahebpur Kamal) P.S.Case No. 14 of 2020.

It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station on each Monday of the week at 10:00 am and in the event of two consecutive defaults, the present privilege of regular bail, being granted to the petitioner herein, shall stand cancelled automatically.

(Mohit Kumar Shah, J) Ajay/- U T