Satyam Kumar @ Rana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6438 of 2023 Arising Out of PS. Case No.-441 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== SATYAM KUMAR @ RANA SON OF RAJESH SINGH R/O VISHNUPUR JIVNARAYAN, P.S.- PAROO, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 14.09.2022 in connection with Paroo P.S. Case No.441 of 2022, corresponding to G.R.No.2750 of 2022, F.I.R. dated 14.09.2022 registered for the offence punishable under Sections 399,400,402 of IPC and Sections 25(1-b)a/26/35 of the Arms Act.

The prosecution case, in brief, is that the informant, who is police officer, he received secret information that some criminals are planning for committing dacoity, police team reached to the place of occurrence and on seeing the police party, accused persons tried to flee, however five accused persons were apprehended including this petitioner and on being

Patna High Court CR. MISC. No.6438 of 2023(2) dt.03-05-2023 2/3 searched, pistols, cartridges and other illegal articles recovered from their possession.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that it appears from the FIR as well as the seizure list that one loaded country made pistol has been recovered from possession of the petitioner and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 14.09.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid facts, 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Paroo P.S. Case No.441 of 2022, corresponding to G.R.No.2750 of 2022, with 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

Patna High Court CR. MISC. No.6438 of 2023(2) dt.03-05-2023 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T