Jagarnath Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62306 of 2025 Arising Out of PS. Case No.-313 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Jagarnath Thakur S/o Late Saryug Thakur R/o Village- Lalbegiya, P.S.- Chiraiya, District- East Champaran at Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Ranjan, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-11-2025 Heard the parties.
2. The petitioner is in custody in connection with Muffasil P.S. Case No. 313 of 2025 for the offence punishable under sections 191(2), 191(3), 190, 126(2), 115(2), 132, 121(1) of BNS and 25(1-b)a/26, 35 of Arms Act lodged on 20.05.2025.
3. As per the prosecution story, the Police upon information, intercepted one Vicky Kumar and recovered country made pistol from his pant which was fully loaded. Upon interrogation, he gave the name of this petitioner who manufactures the weapon, the place was raided and from his house, beside country made pistol, other materials to manufacture the weapon were recovered. This led to the FIR.
4. Learned counsel for the petitioner submits that only
Patna High Court CR. MISC. No.62306 of 2025(3) dt.15-11-2025 2/3 to implicate, the alleged seizure has been shown to have been recovered/seized, nothing has been recovered from his personal possession rather allegedly from the home, his name has come in the confessional statement before the Police by Vicky Kumar.
5. Learned APP opposes the prayer for bail submitting that recovery/seizure is there.
6. Considering the submissions of the parties as also that the petitioner has remained in custody since 22.05.2025, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari in connection with Muffasil P.S. Case No. 313 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative 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 reason will entail cancellation of his
Patna High Court CR. MISC. No.62306 of 2025(3) dt.15-11-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T