Naveen Singh@Naveen Kumar Chaudhary@Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4696 of 2023 Arising Out of PS. Case No.-423 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== NAVEEN SINGH@NAVEEN KUMAR CHAUDHARY@NAVEEN KUMAR S/O BAL GOVIND SINGH R/v- Bari Aghu, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Adv.

Mr. Ram Babu Yadav, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 30.08.2022 in connection with Begusarai Muffasil P.S. Case No. 423/2022, F.I.R. dated 16.08.2022, for the offences punishable under Sections 25(1-b)a/26 of the Arms Act.

According to prosecution case, one loaded country made pistol and five live cartridges have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the F.I.R and the seizure list

Patna High Court CR. MISC. No.4696 of 2023(2) dt.01-05-2023 2/3 that one loaded country made pistol and five live cartridges altogether 8 live cartridges have been recovered from the possession of the petitioner and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 30.08.2022.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three criminal antecedent other than the present one but fairly submits on the basis of per para-3 of the bail petition that out of three cases, the petitioner is on bail in two cases.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Md. Tanseem Kaushar, J.M.1st Class, Begusarai, in connection with Begusarai Muffasil P.S. Case No. 423/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.4696 of 2023(2) dt.01-05-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

2. 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T