Patna High CourtCR. MISC./32142/2020bail granted

Mohan Kumar @ Mohar Kumar v. The State Of Bihar

2020-12-23Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32142 of 2020 Arising Out of PS. Case No.-131 Year-2020 Thana- TEGHRHA District- Begusarai ====================================================== Mohan Kumar @ Mohar Kumar Son of Tuntun Rai Resident of Village - Jhamatiya, P.S.- Bachhwara and District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No. 2, Advocate For the Opposite Party/s :

Mr. Syed Mojibul Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

2. The petitioner is in custody since 20.05.2020 in connection with Teghra P.S. Case No. 131 of 2020 for the alleged offences under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one loaded countrymade rifle from a vehicle bearing Registration No. BR-09AP9001. It is submitted that the said rifle has not been recovered

Patna High Court CR. MISC. No.32142 of 2020(2) dt.23-12-2020 2/2 from the conscious possession of the petitioner, rather only a Redmi mobile phone has been recovered from him. Similarly situated co-accused Anand Kumar has been granted bail by this Court in Cr. Misc. No. 31594 of 2020. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 20.05.2020, 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 learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S.Case No. 131 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T