Suman Kumar Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61437 of 2021 Arising Out of PS. Case No.-207 Year-2021 Thana- BHELDI District- Saran ====================================================== Suman Kumar Thakur S/O Vichari Thakur R/o village- Chhotaki Sirisiya, P.S.- Bheldi, District- Saran at Chapra ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Miss.Priyanka Kumari, Advocate For the Opposite Party/s :
Mr.J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-05-2022 Heard counsel for the parties.
The petitioner is in judicial custody in connection with Bheldi P.S. Case No. 207 of 2021 registered under sections 25(1-b) a/26 of the Arms Act.
The prosecution story is that the police upon information raided the house of Bichari Thakur and in his presence, the room of this petitioner was searched whereafter a loaded country made pistol and live cartridge was/were recovered/seized. As the petitioner failed to provide any document regarding the said country made pistol as also the cartridge, he was taken into the custody on 28.6.2021 and he is in jail since then.
Patna High Court CR. MISC. No.61437 of 2021(4) dt.05-05-2022 2/3 Taking into account the aforesaid facts that the petitioner is in custody since 28.6.2021 and the charge-sheet has already been submitted; this Court is inclined to grant the privilege of bail to him subject to certain conditions in view of the fact that he has criminal antecedent.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate-1st Class, Saran at Chapra, in connection with Bheldi P.S. Case No. 207 of 2021 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself; (iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at
Patna High Court CR. MISC. No.61437 of 2021(4) dt.05-05-2022 3/3 liberty to take steps for cancellation of his bail bonds. With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T