Arun Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9020 of 2024 Arising Out of PS. Case No.-230 Year-2023 Thana- KHAIRA District- Saran ====================================================== Arun Kumar Singh Son of Rameshwar Singh R/o vill - Kondh Bhagwanpur, P.S. - Panapur, Distt. - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Khaira Nagra P.S. Case No. 230/2023 lodged on 21.06.2023 under Section 25(1-B)a,26 of the Arms Act.
3. As per the prosecution case, present case has been lodged against the petitioner alleging therein that one loaded country made pistol along with a live cartridge has been recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 22.06.2023 and is accused in 10 more criminal cases. Out of 10 cases, in eight cases, he has been granted bail and in rest two cases, the petitioner has not been remanded till date.
Patna High Court CR. MISC. No.9020 of 2024(2) dt.20-02-2024 2/3
5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is in custody since 22.06.2023 and there are 10 more criminal cases pending against him. All the cases have been lodged either under Section 392 of the IPC or under the Arms Act.
6. In the present facts and circumstances of this case and 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 JM-1st Class, Chapara at Saran, subject to the conditions as laid down under Section 437(3) of the Cr. P.C. with other following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.9020 of 2024(2) dt.20-02-2024 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds..
7. The learned court below shall release the petitioner on bail only after six months of framing of the charge, if not framed as well as on being satisfied that the petitioner is not absconding in any of the cases as mentioned in paragraph no.3 of the petition as under :- (i) Maker P. S. Case No. 170/2018.
(ii) Amnor P.S. Cas No. 222/2018.
(iii) Amnor P.S. Case No. 236/2018 (iv) Gorkha P.S. Cas No. 49/2018 (v) Chapra Muffasil P.S. Case No. 490/2018 (vi) Awatarnagar P.S. Case No. 288/2018 (vii) Amnor P.S. Case No. 240/2018 (viii) Nagara P.S. Case No. 42/2020 (ix) Nagara O.P. P.S. Case No. 53/2020 (x) Nagara O.P. P.S. Cas No. 230/2023 (Dr. Anshuman, J) Ashwini/- U T