Ratan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7603 of 2022 Arising Out of PS. Case No.-472 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== Ratan Kumar Singh Son of Late Uma Shankar Singh R/O Village And P.S.- Tariyani Chapra, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Jha For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Minapur (Panapur O.P.) P.S. Case No. 472 of 2020 registered for the offence under Sections 414 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The accused petitioner is named in the F.I.R. and is in custody since 22.12.2020.

It is alleged that one loaded pistol, a black coloured Bajaj Pulsar motorcycle and a mobile phone is said to have been recovered from the possession of the petitioner. Learned counsel appearing on behalf of the accused/petitioner submitted that nothing incriminating has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.7603 of 2022(2) dt.06-06-2022 2/3 accused/petitioner. It is further submitted that chargesheet in this case has already been submitted as such there is no chance of tampering with the evidence. While arguing over the matter, it is further submitted that there is two antecedents of the petitioner which were filed after petitioner got falsely implicated in the present case.

Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that chargesheet has already been submitted as such there is no chance of tampering with the evidence.

Considering the facts and submissions as made above and as the chargesheet in this case has already been submitted as such there is no chance of tampering with the evidence coupled with the fact that nothing incriminating has been recovered from the conscious possession of the accused/petitioner, let the petitioner, above named, is directed to be released on bail in connection with Minapur (Panapur O.P.) P.S. Case No. 472 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Muzaffarpur East, subject to the following conditions:

"(i) That accused/petitioner shall

Patna High Court CR. MISC. No.7603 of 2022(2) dt.06-06-2022 3/3 not involve in the similar nature of offence during the pendency of trial, if found so, the State shall be at liberty to move before the Trial Court itself for the cancellation of bail of the petitioner.

(ii) That one of the bailors shall be the close relative of the accused/petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T