Ishwar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3593 of 2022 Arising Out of PS. Case No.-207 Year-2021 Thana- KISHUNPUR District- Supaul ====================================================== ISHWAR KUMAR Son of Dukhan Yadav Resident of Village - Chandpipar Ward No.12, P.s.- Kishanpur, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patla Kumari, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-05-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner, who is in custody since 14.10.2021, seeks regular bail in connection with Kishanpur P.S. Case No. 207 of 2021 registered for offences punishable under Sections 25(1b)a, 26 and 35 of the Arms Act. Allegation is of recovery of one loaded pistol, three live cartridges, mobile phone and Rs. 19,000/- from the possession of the petitioner.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from
Patna High Court CR. MISC. No.3593 of 2022(2) dt.18-05-2022 2/3 the conscious possession of the petitioner. Petitioner has clean antecedent and he is in custody since 14.10.2021 Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.
Taking into consideration the nature of allegation made against the petitioner as well as period of custody undergone by him, without going into the merits of the case, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Kishanpur P.S. Case No. 207 of 2021 subject to the following conditions:
(i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar
Patna High Court CR. MISC. No.3593 of 2022(2) dt.18-05-2022 3/3 nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.
(Purnendu Singh, J) Niraj/- U T