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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19717 of 2022


Arising Out of PS. Case No.-70 Year-2021 Thana- BENIPATTI District- Madhubani
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GHANSHYAM JHA SON OF LATE MAHESHWAR JHA R/O VILLAGE-
GAIVIPUR, P.S.- BENIPATTI, DISTRICT- MADHUBANI

... ... Petitioner/s


Versus
The State of Bihar

... ... Opposite Party/s


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Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER

2 19-07-2022 The learned counsel for the petitioner is directed to

remove all the defects pointed out by the Stamp Reporter within one

month.

Heard learned counsel for the petitioner and the State.

Petitioner seeks regular bail in a case registered for the

offence punishable under sections 25(I-b)A, 26, 35 of the Arms Act.

As per allegation, country made masket divided in three

pieces was recovered from Godrej almirah of the petitioner and

alleged recovery was made when the police party went to petitioner's

house for serving attachment warrant issued in connection with

Benipatti P.S. Case no. 67 of 2021.

The main submissions advanced by the learned counsel

for the petitioner are that said Benipatti P.S. Case no. 67 of 2021 was

lodged on 29.3.2021 and thus, after six days, police came at the

petitioner's house for attachment process. Further submission is that


Patna High Court CR. MISC. No.19717 of 2022(2) dt.19-07-2022
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petitioner is retired Army officer and has been languishing in jail for

the last 15 months and he has been granted bail in Benipatti P.S. Case

no. 67 of 2021.

Learned APP has opposed the prayer for bail.

In view of above submissions, considering petitioner's

custody period, in the opinion of this Court, a lenient approach may

be taken in respect of the petitioner's prayer. Let the petitioner be

released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)

with two sureties of the like amount each to the satisfaction of the

Addl. Chief Judicial Magistrate I, Benipatti, Madhubani in Benipatti

P.S Case No. 70 of 2021.

(Shailendra Singh, J)
s.hassan/-

U T

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