Dabloo Kumar @ Nepali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51034 of 2021 Arising Out of PS. Case No.-582 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== DABLOO KUMAR @ NEPALI S/o LATE SUNIL MAHTO R/o MOHALLA-KRISHNA NAGAR COLONY, LANE No. 02, P.S-SADAR, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-04-2022 Heard the parties.

Petitioner seeks regular bail in connection with Muzaffarpur Sadar PS Case No. 582 of 2020 registered under Sections 412 / 401 / 34 of the I.P.C. and Section 25 (1-b)a / 26 / 35 of the Arms Act.

A country made loaded pistol along with looted motorcycle was recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is in custody since 7/10/2020 and for the looted motorcycle allegedly recovered from the possession of the petitioner Sadar PS Case No. 560 of 2020 was registered and and this motorcycle was made the subject matter of that case in which the petitioner has been granted bail by the court below

Patna High Court CR. MISC. No.51034 of 2021(2) dt.08-04-2022 2/2 itself. Learned counsel further submits that at the time of recovery / seizure of pistol, the procedures prescribed for search & seizure under Section 100 of the Cr.P.C. has not been followed.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the period of custody of the petitioner since 07/10/2020 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Ms. Kanchan Yadav, learned Judicial Magistrate 1st Class, Muzaffarpur East in connection with Muzaffarpur Sadar P.S Case No. 582 of 2020 on the following condition:- (a) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled. (Anil Kumar Sinha, J) praful/- U T