Awdhesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9265 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Awdhesh Ram, Son Of Sunil Ram Village -Naula, Ward No. 14, P.S.- Bhagwanpur, Dist. -Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 25(1-b), 26 and 35 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that one Nitish Kumar was apprehended and on search, two country-made pistols were recovered from his possession and two motorcycles were seized. It is further submitted that Nitish Kumar disclosed the name of the petitioner as his associates.

4. The learned counsel for the petitioner submits that the petitioner was not apprehended from the spot, as such,

Patna High Court CR. MISC. No.9265 of 2024(2) dt.06-03-2024 2/3 nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of Nitish Kumar in police custody, which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent. It is next submitted that petitioner will not abscond rather will cooperate in the investigation.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Begusarai in connection with Bhagwanpur P. S. Case No.311 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his father namely, Sunil Ram.

7. The application stands allowed.

8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite

Patna High Court CR. MISC. No.9265 of 2024(2) dt.06-03-2024 3/3 giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.

(Satyavrat Verma, J) vikash/- U T