Rohit Kumar @ Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2682 of 2021 Arising Out of PS. Case No.-266 Year-2019 Thana- OBRA District- Aurangabad ====================================================== ROHIT KUMAR @ GUDDU KUMAR S/o Bindeshwar Singh R/o villageKusha, P.S.- Obra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2021 Heard Mr. Ajay Kumar Sinha, learned counsel for the petitioner and Mrs. Renu Kumari, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Obra PS Case No. 266/2019 registered for the offence punishable under Section 25 (1-b) a, 26, 35 of the Arms Act. The allegation, as per First Information Report, is that the police during course of investigation of Daudnagar PS Case No. 302/2019 raided the house of petitioner and recovered some cash. Further, upon query, the petitioner informed that he had kept his arms in the house of one Mangal Ram and upon search of the house of Mangal Ram, one country made pistol and a live cartridge were recovered.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and from perusal of the seizure list, it would be evident that the fire-arm has been recovered from the possession of Mangal

Patna High Court CR. MISC. No.2682 of 2021(3) dt.25-03-2021 2/2 Ram. Learned counsel further submits that the said, Mangal Ram has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 37649/2020.

Learned counsel next submits that petitioner is in custody since 12.10.2019.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused has been granted bail by a coordinate Bench of this Court and petitioner is in custody since 12.10.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, ROHIT KUMAR @ GUDDU KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with Obra PS Case No. 266/2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T