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Patna High CourtCR. MISC./65439/2021bail granted

Anand Thakur @ Anand Kumar Thakur v. The State Of Bihar

2022-05-11Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65439 of 2021 Arising Out of PS. Case No.-610 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== ANAND THAKUR @ ANAND KUMAR THAKUR, son of Ishwarchandra Thakur, resident of village- Rajola ward No. 05, Police Station- Sonamani Goddam, District- Araria.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms.Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-05-2022 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Anita Kumari Singh, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Forbesganj P.S. Case No. 610 of 2021 registered for the offences punishable under Sections 25 (1-b) a, 26, 35 of the Arms Act. He is in custody since 11.08.2021. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, while the informant was involved in checking the vehicle he spotted on Scarpio vehicle on which

Patna High Court CR. MISC. No.65439 of 2021(2) dt.11-05-2022 2/3 two persons were boarded who disclosed their names as Anand Kumar Thakur (petitioner) and Manish Kumar Mahto. It is alleged that from possession of the petitioner one loaded country made pistol was found and from his pocket one cartridge was also recovered.

Learned counsel submits that the petitioner is innocent and has been falsely implicated in this case. He is in custody since 11.08.2021 and investigation against him is complete.

Ms.Anita Kumari Singh, learned APP for the State has opposed the prayer for regular bail of the petitioner. Having regard to the submission that from the possession of the petitioner allegedly one country made pistol and two live cartridges were recovered for which he has remained in custody since 11.08.2021, he has no criminal antecedent and investigation against him is complete as also that his presence may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 610 of 2021, subject to the condition as laid down

Patna High Court CR. MISC. No.65439 of 2021(2) dt.11-05-2022 3/3 under Section 437(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.