Gautam Kumar @ Gautam Paswan @ Gautam Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53375 of 2021 Arising Out of PS. Case No.-263 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GAUTAM KUMAR @ GAUTAM PASWAN @ GAUTAM KUMAR PASWAN S/o RANJEET PASWAN R/o MOHALLA-BAGHI WARD No. 25, P.S-LOHIANAGAR (O.P), DISTRICT-BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Begusarai Town Police Station Case No. 263 of 2021, registered for the offences punishable under Sections 25 (1-B)A/26 of the Arms Act.

The prosecution case, as per the First Information Report, is that the police recovered one country-made loaded pistol from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and at the time of search and seizure, the procedure prescribed under the provisions of the Code of Criminal Procedure has not been

Patna High Court CR. MISC. No.53375 of 2021(2) dt.06-05-2022 2/2 properly followed by the police. He further submits that the petitioner is in custody since 04.04.2021, having no criminal antecedent and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 04.04.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on 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, Begusarai, in connection with Begusarai Town Police Station Case No. 263 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √