Raushan Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48213 of 2021 Arising Out of PS. Case No.-220 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== RAUSHAN KUMAR OJHA Son of Sanjay Ojha R/o - Chhoti Badalpura, Machhali Bazar, P.S. - Khagaul, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Pirbahore P.S. Case No. 220/21 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation, as per the First Information Report, is that one loaded country made pistol and one Mobile Phone have allegedly been recovered from possession of the petitioner. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case at the behest of the Police official. Learned counsel further submits that at the time of search and seizure, the procedure prescribed under Section 100 Cr. P.C. has not been followed. He next submits that the petitioner is in

Patna High Court CR. MISC. No.48213 of 2021(2) dt.21-03-2022 2/2 custody since 6.6.2021 and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner has got no criminal antecedent, he is in custody since 6.6.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Pirbahore P.S. Case No. 220/2021 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. (Anil Kumar Sinha, J) S.Ali/- U T