Binod Singh @ Binod Chaudhary @ Binod Singh Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7261 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- KARAHGAR District- Rohtas ====================================================== BINOD SINGH @ BINOD CHAUDHARY @ BINOD SINGH CHOUDHARY Son of Late Sudarshan Singh Resident of Village - Ubadhi, Police Station - Karagahar (O.P. - Badahari), District - Rohtas (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar For the Opposite Party/s :

Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under sections 25(I-b)a and 26 of the Arms Act. As per allegation from the possession of this petitioner one loaded country made pistol was recovered. The main submissions advanced by the learned counsel for the petitioner are that investigation has been completed in respect of the petitioner and there is one criminal case lodged under the Indian Penal Code and not under the Arms Act in which he has been granted bail. Further submission is that learned Sessions Judge, Rohtas while rejecting petitioner's prayer for bail, directed trial court

Patna High Court CR. MISC. No.7261 of 2022(2) dt.29-06-2022 2/3 to conclude the trial of the petitioner within six months but even then trial of the petitioner is at initial stage.

Learned APP opposes the prayer for bail.

In view of above submissions, considering petitioner's custody period and his case is initial stage of trial, in my view, a lenient approach may be taken in respect of the petitioner. Let the petitioner 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 the Judicial Magistrate, Sasaram, Rohtas in Karagahar (O.P) P.S Case No. 213 of 2021 on 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 below and shall remain physically present as directed by the Court below and on his absence on two consecutive dates without sufficient reason, his 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) One of the bailers shall be close relative of the petitioner who has sworn affidavit in this miscellaneous petition. The court below will verify the criminal antecedent of the petitioner but acceptance of bail bond will not be delayed on account of process of verification of the said criminal antecedent. If any criminal antecedent other than of Karagahar (O.P. Badahari) P.S Case

Patna High Court CR. MISC. No.7261 of 2022(2) dt.29-06-2022 3/3 No. 185 of 2021 of the petitioner is found then the court below shall take serious action against him for cancellation of his bail bond. (Shailendra Singh, J) s.hassan/- U T