Isawari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32750 of 2020 Arising Out of PS. Case No.-201 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== ISAWARI KUMAR Son of Sri Ajay Ray Resident of Village Sarari P.S. - Naubatpur, Dist. - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surj Bansh Roy, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-12-2020 Heard Mr. Surj Bansh Roy, learned counsel for the petitioner and Mr. Nagendra Prasad, learned counsel for the State through video conferencing.

2. Petitioner seeks regular bail in connection with Naubatpur PS Case No. 201/2020 registered for the offence punishable under Sections 25 (1-b) a/26 of the Arms Act.

3. The allegation, as per First Information Report, is that the police recovered a country made loaded pistol and two live cartridges from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has not committed any office in the manner alleged and he has falsely been implicated in this case by the police with oblique motive. Learned counsel further submits that procedure of search and seizure prescribed under Section 100 CrPC has

Patna High Court CR. MISC. No.32750 of 2020(2) dt.07-12-2020 2/2 not been followed. Learned counsel next submits that petitioner is in custody since 19.04.2020 without having any criminal antecedents. It is further submitted that details of criminal antecedents of the petitioner mentioned in the order impugned is an error of record and the petitioner has got no criminal antecedent.

5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 19.04.2020, I am inclined to grant regular bail to the petitioner.

6. Accordingly, let the petitioner, ISAWARI KUMAR 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 Additional Chief Judicial Magistrate-III, Danapur, Patna in connection with Naubatpur PS Case No. 201/2020.

7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T