Gautam Kumar Singh @ Disco v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9206 of 2024 Arising Out of PS. Case No.-96 Year-2023 Thana- PANDARAK District- Patna ====================================================== Gautam Kumar Singh @ Disco, Son of Late Amerika Singh, Village -Bihari Bigha (Karmaur) P.S. -Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Pandarak P.S. Case No. 96 of 2023, instituted for the offences punishable under Sections 25 (-b) and 26 of the Arms Act.

3. The prosecution case, in short, is that, one country made pistol and 10 live cartridges have been recovered from the possession of the petitioner. No valid documents has been produced by the petitioner for the said recovered items.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. According to the F.I.R and seizure list, no any independent witness has supported the case. Learned counsel for

Patna High Court CR. MISC. No.9206 of 2024(2) dt.20-02-2024 2/3 the petitioner further submits that the petitioner has 9 criminal antecedents as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 15.05.2023. Charge-sheet has already been submitted in the present case.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pandarak P.S. Case No. 96 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.9206 of 2024(2) dt.20-02-2024 3/3 bail bonds of the petitioner.

(III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T