Ajay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68475 of 2021 Arising Out of PS. Case No.-47 Year-2021 Thana- SOHSARAI District- Nalanda ====================================================== AJAY THAKUR S/O RAGHUNANDAN THAKUR @ RAGHUNANDAN SHARMA R/o village- Markswadi Nagar, P.S.- Rajgir, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Ms. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-01-2022 Heard.

The petitioner seeks regular bail in connection with Sohsarai P.S. Case No. 47 of 2021, registered for the offence punishable under sections 25(1-b)a/26/35 of the Arms Act.

The allegation is regarding three accused persons including the petitioner herein having been arrested by the police on suspicion and upon search being made, though no arms were recovered from the possession of the petitioner, but some arms and live cartridges were recovered from the possession of the co-accused person. It is further alleged that as far as the petitioner is

Patna High Court CR. MISC. No.68475 of 2021(2) dt.13-01-2022 2/3 concerned, two silver coins were recovered, which are stated to be stolen ones.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is an accused in one other case and his bail petition is pending before this Court. It is also submitted that the petitioner has been falsely implicated in the present case without there being any evidence regarding him having committed any crime.

Per contra, Dr. Indiwar Kumar, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into account the materials available on record as also considering the fact that no arms have been recovered from the conscious possession of the petitioner and no evidence is available on record to

Patna High Court CR. MISC. No.68475 of 2021(2) dt.13-01-2022 3/3 connect the petitioner with any crime stated to have been committed by him, apart from considering the period of incarceration of the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IV, Bihar Sharif, Nalanda in connection with Sohsarai P.S. Case No. 47 of 2021.

(Mohit Kumar Shah, J) Tiwary/- U T