Santosh Kumar @ Munnu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76875 of 2023 Arising Out of PS. Case No.-514 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Santosh Kumar @ Munnu Thakur S/O Late Krishndev Thakur R/O VillageRepura, P.S- Tajpur (WAINI O.P.), Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1-b)a, 26 and 35 of Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with ten live cartridges from the bathan of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity with the co-accused person. Nothing has been recovered from the conscious possession of the petitioner and also he has no concern with the seized incriminating articles. It is further

Patna High Court CR. MISC. No.76875 of 2023(2) dt.04-12-2023 2/2 submitted that from where the recovery has been made, is far flung distance from the house of the petitioner and the petitioner is inimical term with co-accused Golu Thakur from whose statement, recovery has been made. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tajpur P.S. Case No. 514 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Samastipur.

(Sunil Kumar Panwar, J) Shubham/- U T