Kabir Verma @ Boby v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15113 of 2021 Arising Out of PS. Case No.-401 Year-2020 Thana- SIRDALA District- Nawada ====================================================== Kabir Verma @ Boby Son Of Birendra Verma Resident Of Village/ MohallaGandhi Nagar, House No.76, Police Station- Chakeri, Duistrict- Kanpur, Utter Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar For the Opposite Party/s :

Mr. Nawal Kishor Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 401 of 2020 registered for the offence punishable under Sections 25 (1-b) a, 26 and 35 of the Arms Act.

As per the prosecution case, on search made by the informant, illegal arms and ammunition were recovered from the possession of petitioner and other two co-accused persons while they were fleeing away from Narhat where they all were made captive by their associates. It is alleged that a country made katta loaded with live

Patna High Court CR. MISC. No.15113 of 2021(2) dt.11-08-2021 2/3 cartridge along with one live cartridge and one mobile phone were recovered from the possession of petitioner. Two live cartridges were recovered from the pocket of right pant of co-accused Suraj Berival. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner is mechanic and works in Kanpur and he came along with co-accused persons to Varanasi to purchase some electric goods from where they were kidnapped by their associates for a ransom. He submits that petitioner was apprehended at the place of occurrence and only on mere suspicion he has been made accused in the present case.

He further submits that seizure list has been prepared in contravention of Section 100 (4) of the Cr.P.C., which has no relevance in the eye of law. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 05.10.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid and period of custoy of the petitioner, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sirdalla P.S. Case No.

Patna High Court CR. MISC. No.15113 of 2021(2) dt.11-08-2021 3/3 401 of 2020.

However, before accepting the bail bond of petitioner the Trial court is directed to verify the criminal antecedent of the petitioner. (Anjani Kumar Sharan, J) GAURAV S./- U T