Shanker Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29903 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- HATHIDAH District- Patna ====================================================== SHANKER KUMAR Son of Saldeo Mahto @ Saldeo Nishad Nishad Resident of Village- Simariya Ghat, P.S.- Chakiya, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Veena Kumari Jaysawal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

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

The petitioner seeks bail in a case registered under Section 25(1-b)A/26/35 of the Arms Act.

Allegedly, one loaded country-made pistol along with one live cartridge is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.29903 of 2020(2) dt.23-11-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 21-11-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. One loaded country-made pistol along with one live cartridge is alleged to have been recovered. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Hathidah P.S. Case No. 97 of 2019.

(Sudhir Singh, J) A.K.V.//- U T