Adhyan Kumar @ Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3808 of 2022 Arising Out of PS. Case No.-371 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== Adhyan Kumar @ Rohit Kumar Son Of Mukesh Das @ Mukesh Kumar Resident Of Village - Hans Raj Ki Dewari, Lala Toli, P.S.- Khajekala, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 19-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Alamganj P.S. Case No. 371 of 2021 registered for the alleged offences under Section 414 of the Indian Penal Code and Section 25 (1-B) /a/26/35 of Arms Act. The prosecution case is that on receipt of information about assembly of three armed miscreants who were make preparation for committing of crime, they were chased and apprehended. From this petitioner, one country made loaded

Patna High Court CR. MISC. No.3808 of 2022(2) dt.19-07-2022 2/3 pistol along with a live cartridge in its magazine were recovered. Stolen motorcycle was also seized from the petitioner and other co-accused persons.

Learned counsel for the petitioner submits that petitioner has been falsely in this case and nothing incriminating has been recovered from the possession of this petitioner. Charge-sheet has been submitted in this case and the petitioner is in custody since 02.07.2021.

Learned APP opposes the prayer for bail submitting that the petitioner has been caught red handed along with a country made pistol. The petitioner is having criminal antecedent and is habitual offender.

Having regard to the submissions made hereinabove and considering the fact that the charge sheet has been submitted in this case and further considering the period of his custody, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Chief Judicial Magistrate, Patna City, Patna in connection with Alamganj P.S. Case No. 371 of 2021, subject to the following conditions :

(i) The bail bond of the petitioner will be accepted

Patna High Court CR. MISC. No.3808 of 2022(2) dt.19-07-2022 3/3 only after framing of charge, if not already framed.

(ii) One of the bailors will be a close relative of the petitioner.

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) diwakar/- U T