Patna High CourtCR. MISC./47701/2025bail granted

Pawan Thakur v. The State Of Bihar

2025-08-08Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47701 of 2025 Arising Out of PS. Case No.-325 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== Pawan Thakur S/o Tunni Thakur Resident of Village-Bardo Tola Rahmatpur Dhongola, P.O and P.S-Asarganj, District-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey, Adv For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sambhuganj P.S Case No. 325 of 2024 registered for the offences punishable under Sections 25(1-B)a and 26 Arms Act.

3. As per allegation in the FIR, one country made pistol and five live cartridge have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner's name has been figured due to village politics. He further submits that nothing has been recovered from the conscious possession of the petitioner. It is also

Patna High Court CR. MISC. No.47701 of 2025(2) dt.08-08-2025 2/2 submitted that petitioner is in judicial custody since 17.11.2024 having clean antecedent as mentioned in paragraph no. 3 of the bail petition.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order dated 22.04.2025, it appears that though the alleged recovered was made from the possession of the petitioner but he his in custody since 17.11.2024 i.e. approximately nine months and possesses clean antecedent. So, considering the period of custody and also the materials available on record and considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 325 of 2024.

(Ramesh Chand Malviya, J) Sunnykr/- U