Chhotelal Thakur @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43770 of 2022 Arising Out of PS. Case No.-212 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Chhotelal Thakur @ Chhotu Son of Late Akhilesh Thakur Resident of villageKhilwat, P.s- Bidupur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 25-11-2022 Virtual Hearing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Petitioner seeks regular bail in connection with Bidupur P.S. Case No. 212 of 2022 registered for the offences punishable under Sections 25 (1-b)a and 26 of the Arms Act.

As per the prosecution, the informant along with other police personnel acting upon a secret information apprehended this petitioner and from his possession a country-made pistol with a live cartridge were recovered.

The main submissions advanced by learned counsel Mr.

Patna High Court CR. MISC. No.43770 of 2022(2) dt.25-11-2022 2/2 Ranjeet Kumar Singh, appearing for the petitioner are that against the petitioner there is criminal antecedent of one case in which he was remanded after he was taken into custody in the instant matter and he has been languishing in jail since 06.05.2022. Learned APP Mr. Ganesh Prasad Singh, appearing for the State has opposed the prayer for bail.

Though from the possession of the petitioner one loaded country-made pistol was allegedly recovered but considering his custody period and also the fact that the alleged recovery was made before the police personnel who have been made witnesses in the search and seizure list and accordingly most of the witnesses of the search who are to be examined during the trial are police personnel, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner 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 Court concerned in connection with Bidupur P.S. Case No. 212 of 2022.

(Shailendra Singh, J.) maynaz/- U T