Sohit Kumar Chandravanshi @ Sohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4415 of 2022 Arising Out of PS. Case No.-219 Year-2020 Thana- PURAINI District- Madhepura ====================================================== SOHIT KUMAR CHANDRAVANSHI @ SOHIT KUMAR S/o- Naresh Chandrvanshi @ Naresh Ram R/o- Village- Alamnagar South Ward No. 07, P.S.- Alamnagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, 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 Puraini P.S. Case No. 219/2020 registered for the offences punishable under Sections 414 of the Indian Penal Code and 25(i) (b) a/26 / 35 of the Arms Act.

As per prosecution case, it is alleged that one country made pistol and one live cartridge was recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.4415 of 2022(2) dt.20-06-2022 2/3 case. He further submits that nothing illegal articles was recovered from the conscious possession of the petitioner, he has no knowledge about the alleged seized country made pistol and he has been made accused due to ill motive of local police. He further submits that the petitioner is in custody since 01.01.2021 and petitioner bears criminal antecedent of two cases in which he is on bail. Charge sheet has already 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. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Udakishunganj, DistrictMadhepura, in connection with Puraini P.S. Case No. 219/2020, 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.

Patna High Court CR. MISC. No.4415 of 2022(2) dt.20-06-2022 3/3 (ii) Petitioner will co-operate in trial and will remain 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