Anand Kumar Jha @ Makhan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62787 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- BELDOUR District- Khagaria ====================================================== Anand Kumar Jha @ Makhan Jha son of Birendra Jha resident of village - sahmaura, P.S.- Sonbersa Raj, Dist.- Saharsa. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Beldaur P.S. Case No. 96 of 2021, disclosing offence punishable under Sections 25(1-b)a/26/35 of the Arms Act.

On the basis of a secret information in relation to a planning to commit dacoity, a police party allegedly had intercepted a Bolero vehicle. Five persons occupying the said vehicle, including the petitioner, were apprehended. On search, certain fire arms were recovered from the possession of four out of five. It is specific case of the petitioner that there is no allegation against him of being in possession of any fire arm. He was driving the said vehicle which was hired by the said four

Patna High Court CR. MISC. No.62787 of 2021(2) dt.06-04-2022 2/2 persons.

Mr. Abhay Shankar Singh, learned counsel appearing on behalf of the petitioner has submitted that based on the allegation in the F.I.R., no offence under the provisions of the Arms Act can be said to be made out against this petitioner. The petitioner has no criminal antecedent and he is under custody since 16.05.2021.

Considering the period of incarceration and nature of accusation as alleged in the F.I.R., in my opinion, a case for grant of regular bail is made out. This application is accordingly allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in Beldaur P.S. Case No. 96 of 2021.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T