Patna High CourtCR. MISC./36677/2022bail granted

Sharwan Thakur v. The State Of Bihar

2022-09-22Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36677 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- SONO District- Jamui ====================================================== Sharwan Thakur Son Of Sato Thakur R/O Village- Chhatakram, P.S.- Sono (CHARKAPATHAR), Distt.- Jamui ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 25(1-b) A, 26 Arms Act, in connection with Sono (Charkapathar) P.S. Case No. 70 of 2022.

As per the prosecution story, the police upon information raided the house of the petitioner herein and recovered a pistol kept in a bag. Accordingly, the same was seized and FIR lodged.

Learned counsel for the petitioner submits that he is in custody since 16.4.2022 (as stated in para-1 of the bail application) and has clean antecedent.

Patna High Court CR. MISC. No.36677 of 2022(2) dt.22-09-2022 2/3 Taking into account the aforesaid facts that the petitioner has clean antecedent, is in custody since 16.4.2022 and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail. However, if it is found that the petitioner do have criminal antecedent, this bail order shall become infructuous.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui, in connection with Sono (Charkapathar) P.S. Case No. 70 of 2022 subject to the following conditions:

(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;

Patna High Court CR. MISC. No.36677 of 2022(2) dt.22-09-2022 3/3 (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T