Twinkle Kumar @ Twinkle Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71580 of 2021 Arising Out of PS. Case No.-237 Year-2021 Thana- JAMUI District- Jamui ====================================================== Twinkle Kumar @ Twinkle Pandey, Son of Pappu Pandey, Resident of Maharajganj, Pustkalaya, Police Station and District - jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr.Adv.

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Jamui P.S. Case No.237 of 2021 registered for the offences punishable under Sections 25(1-B)a(ii)/26 of the Arms Act. He is in custody since 14.06.2021. The petitioner has got one criminal antecedent as stated in paragraph '3' of the application.

Learned counsel for the petitioner submits that, as per the prosecution story, from possession of the petitioner

Patna High Court CR. MISC. No.71580 of 2021(2) dt.18-05-2022 2/3 allegedly one loaded country made pistol and two live cartridges have been recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel submits that nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the petitioner is in custody in connection with this case since 14.06.2021.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Having regard to the submission that from possession of the petitioner allegedly one loaded country made pistol and two live cartridges have been recovered for which he has already remained in custody since 14.06.2021 and in the main case being Jamui P.S. Case No.236 of 2021 arisng out of the same transaction simultaneously the petitioner has already granted bail by the learned court below under Section 167(2) Cr.P.C., the petitioner had no prior criminal antecedent and his presence may also be secured in course of trial, this court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.71580 of 2021(2) dt.18-05-2022 3/3 learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No.237 of 2021, subject to the condition as laid down 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 step 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) arvind/- 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'.