Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44146 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- MUSRIGHRARI District- Samastipur ====================================================== Guddu Kumar Son of Gena Ray Resident of Vill. And Post- Suapakar, Ward No.-1, P.S.- Musarigharari, Dist.- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

At the outset, learned counsel for the petitioner submitted that at page no.-7 of the bail petition, in the prayer portion, inadvertently, custody period has been wrongly typed as '09.03.2022' instead of '09.06.2022'.

Accordingly, learned counsel for the petitioner is permitted to make necessary correction during the course of the day itself.

The petitioner seeks bail in connection with Musarigharari P.S. Case No. 102 of 2022 registered for the offence under Sections 25(1-B) (a) and 26 of the Arms Act

Patna High Court CR. MISC. No.44146 of 2022(2) dt.24-11-2022 2/3 The accused/petitioner is named in the F.I.R. and is in custody since 09.06.2022.

The allegation against the petitioner is to be have in possession of one country made pistol, alongwith one live cartridge.

Learned counsel appearing on behalf of the petitioner submitted that the alleged recovery of fire arms was not made from the conscious physical possession of this petitioner, where due to previous enmities with police personnels of Musarigharari police station, the petitioner has been falsely implicated in present case. It is submitted that prior to this occurrence, antecedent of petitioner was clean but name of petitioner involved in two subsequent cases without any basis. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of accusation, where petitioner is in custody since 09.06.2022 coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is

Patna High Court CR. MISC. No.44146 of 2022(2) dt.24-11-2022 3/3 directed to be released on bail in connection with Musarigharari P.S. Case No. 102 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Samastipur, Bihar/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T