Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52871 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== AMIT KUMAR SON OF DEVENDRA YADAV R/O VILLAGEPAHARPUR, P.S.- MEDANICHAUKI, DISTRICT- LAKHISARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Medinichowki Police Station Case No. 61 of 2021, registered for the offences punishable under Sections 398/401 of the Indian Penal Code and Sections 25 (1-b)a/26/35 of the Arms Act. The prosecution case, as per the First Information Report, is that one loaded country-made pistol has been recovered from the possession of the petitioner. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case and at the time of search, the procedure prescribed under the provisions of the Code of Criminal Procedure has not been followed. He further submits that the petitioner is in custody since 30.04.2021 and

Patna High Court CR. MISC. No.52871 of 2021(2) dt.08-02-2022 2/3 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 one loaded country-made pistol has been recovered from the possession of the petitioner, charge sheet has already been submitted, he is in custody since 30.04.2021 and there is no likelihood of the trial being concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner, after completing one year in custody.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, after completing one year in custody, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Lakhisarai, in connection with Medinichowki Police Station Case No. 61 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √

Patna High Court CR. MISC. No.52871 of 2021(2) dt.08-02-2022 3/3