Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43839 of 2021 Arising Out of PS. Case No.-496 Year-2020 Thana- CHHATAUNI District- East Champaran ====================================================== RAVI KUMAR SON OF JAMUNA GOWALA R/O VILLAGEFATAPUKUR, P.S.- RAIGANJ, DISTRICT- SILIGURI, WEST BENGAL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Mr. Nishant Kumar Sinha, learned counsel for the petitioner and Mr. Raj Kishore Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Trial No. 1481 of 2021 arising out of Chhatauni P.S. Case No. 496 of 2020 registered for the offence punishable under Section 25(1b)a, 26 and 35 of the Arms Act. As per the First Information Report, one loaded country made pistol along with one cartridge has been recovered from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and at the time of search and seizure, the procedure prescribed under Section 100

Patna High Court CR. MISC. No.43839 of 2021(2) dt.04-02-2022 2/2 Cr. P.C has not been followed. He further submits that the petitioner is in custody since 25.12.2020 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted, the petitioner is in custody since 25.12.2020 and the trial is not likely to be concluded in near future due to Covid-19 pandemic, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Trial No. 1481 of 2021 arising out of Chhatauni P.S. Case No. 496 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T