Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2303 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- BEUR District- Patna ====================================================== Pintu Kumar, S/o Late Ramkrit Singh @ Rambriksh Singh R/o Jorra Kaun, P.S.- Beur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Jiban Pd. Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 27-04-2023 Heard Mr. Ram Jiban Prasad Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail, who is in custody, in connection with Beur P.S. Case No. 183 of 2022, registered for the offences punishable under Sections 25(1-B)(a)/26 of the Arms Act.

In course of patrolling duty, the police apprehended the petitioner and during search one loaded country-made pistol was recovered from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner submits that from the FIR it appears that the petitioner was apprehended in a public place, however, seizure list witnesses are none else but the police personnel, hence there is complete

Patna High Court CR. MISC. No.2303 of 2023(2) dt.27-04-2023 2/3 defiance of Section 100(6) of the Cr.P.C. He next submits that the petitioner is in custody for over a period of one year and the investigation of the crime is already complete and the chargesheet has been submitted. On the other hand, learned APP for the State opposed the bail application.

Having regard to the period of custody, coupled with the fair antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Judicial Magistrate 1st Class, Patna in connection with Beur P.S. Case No. 183 of 2022, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates

Patna High Court CR. MISC. No.2303 of 2023(2) dt.27-04-2023 3/3 without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) Anjani/- U T