Subhash Kumar @ Subhash Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8185 of 2023 Arising Out of PS. Case No.-461 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Subhash Kumar @ Subhash Mukhiya Son of Chokat Mukhiya @ Ramyad Mukhiya R/o Mangalpur, P.S- Srinagar, dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Yogapatti P.S. Case No. 461 of 2022 lodged under Sections 413 and 414 of the I.P.C. read with Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, the allegation of recovery of arms from the possession of the petitioner is there in the F.I.R.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.08.2022 and about nine months have already been lapsed. Counsel submits that there is one

Patna High Court CR. MISC. No.8185 of 2023(2) dt.03-05-2023 2/3 criminal antecedent of the petitioner in which he is on bail. Learned counsel for the State opposes the prayer for bail and submits that petitioner is in custody since more than nine months.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Yogapatti P.S. Case No. 461 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal

Patna High Court CR. MISC. No.8185 of 2023(2) dt.03-05-2023 3/3 activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T