Kaushal Thakur @ Bhikhari Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35937 of 2022 Arising Out of PS. Case No.-12 Year-2022 Thana- UDAKISHUNGANJ District- Madhepura ====================================================== Kaushal Thakur @ Bhikhari Thakur S/O Ramchandra Thakur, Resident Of Village- Uda, Ward No. 2, P.S.- Udakishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajnish Kumar Singh, Advocate Mr. Rupesh Kumar, Advocate Ms. Pooja Kumari, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Udakishunganj P.S. Case No. 12 of 2022 lodged under Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution, the present case has been filed against 3 named accused persons including the petitioner alleging that all were involved in running a gun factory. The recovery of the materials for the preparation of gun has been found in the F.I.R.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.35937 of 2022(2) dt.20-09-2022 2/2 Basa, in which recovery was made does not belong to the present petitioner. He further submits that in the impugned order there is partition admitted. He further submits that petitioner is in custody since 18.01.2022 having clean antecedent. Learned counsel for the State opposes the prayer for bail and submits that petitioner was running a mini gun factory. In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner at present but he may renew his prayer for bail after 6 months from the date of framing of charge. The Trial Court thereafter shall release the petitioner on bail imposing its own conditions so that petitioner shall not evade his presence during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T