Sanjeev Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42791 of 2021 Arising Out of PS. Case No.-493 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SANJEEV KUMAR THAKUR Son of Late Choudhary Thakur Resident of Village - Bagha, Ward No.24, P.S.- Town (Lohiya Nagar O.P.), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Begusarai Town (Lohianagar O.P.) Police Station Case No. 493 of 2020, registered for the offences punishable under Sections 25 (1-b)a/26/35 of the Arms Act.

The prosecution case, as per the First Information Report, is that one loaded country-made pistol has been recovered from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case and at the time of search, the procedure prescribed under the provisions of the

Patna High Court CR. MISC. No.42791 of 2021(2) dt.02-02-2022 2/2 Code of Criminal Procedure has not been followed. He further submits that the petitioner is in custody since 18.09.2020, having no criminal antecedent and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has got no criminal antecedent, charge sheet has already been submitted, he is in custody since 18.09.2020 and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Begusarai Town (Lohianagar O.P.) Police Station Case No. 493 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √