Ram Narayan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40111 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Ram Narayan Thakur @ Ram Narayan Sharma Son Of Bihari Thakur, Village- Khajauli, Ward No. 2, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sourendra Pandey, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Jainagar P.S. Case No. 152 of 2023, dated 12.04.2023 registered for the offences punishable under Section 414 of the Indian Penal Code, Sections 8, 21 and 22 of the NDPS Act and Sections 25(1-b) (a), 26 and 35 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that though the petitioner is named in the FIR but against him there is no serious allegation and he had no concern with the seized contrabands and as per allegation, the alleged materials were recovered from the house of co-accused Raushan but the petitioner was not found at the said house when the police party raided and as per allegation one firearm which was allegedly recovered from the house of Raushan Kumar, was allegedly given

Patna High Court CR. MISC. No.40111 of 2023(2) dt.17-07-2023 2/2 by this petitioner to the co-accused persons, except this there is no any other allegation against this petitioner and the allegation concerned to this petitioner was revealed by the apprehended coaccused persons. Further submissions are that the petitioner is an old man and he is a Blacksmith by profession and he has been languishing in jail since 15.04.2023 and against him, investigation has been completed. Though, against the petitioner there is criminal antecedent of one case but he has been acquitted in the said case and therefore there is no criminal antecedent against this petitioner.

4. Learned APP appearing for the State opposes the prayer for bail.

5. Considering the above submissions and mainly the nature of allegation appearing against the petitioner in the FIR, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Jainagar P.S. Case No. 152 of 2023. (Shailendra Singh, J.) Maynaz/- U T