Chetan Anand @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4238 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Chetan Anand @ Prince Kumar Son of Pankaj Singh R/O Village- Panshala, Ward No.15, P.S.- Muffasil, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Patepur P.S. Case No. 179/2021 registered for the offences punishable under Sections 25(1-b) a/26/35 of the Arms Act As per prosecution case, on 24.08.2021, informant received an information that 10-11 miscreant were going to commit crime of loot in a shop of gold and silver at Mahua Bazar. As per seizure list, it is alleged that one country made pistol and one cartridge have been recovered from the pocket of the petitioner.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.4238 of 2022(2) dt.20-06-2022 2/3 petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of the petitioner and the seizure list has not been made as per law. The said recovered motorcycle is self property of the petitioner's brother. He further submits that the petitioner is in custody since 25.08.2021 and petitioner bears criminal antecedent of two cases. Charge sheet has been submitted in the case and there is no likelihood of tampering the evidence. The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 179/2021, subject to following conditions:- (i) One of the bailor shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain

Patna High Court CR. MISC. No.4238 of 2022(2) dt.20-06-2022 3/3 present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkumar/- U T