Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18831 of 2021 Arising Out of PS. Case No.-655 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== Anish Kumar Male, aged about 29 years, Son of Umesh Singh Resident of Village- Raghopur, West, Police Station- Zorawanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Choudhary For the Opposite Party/s :

Mrs.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

12-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Patrakarnagar P.S. Case No. 655 of 2020, registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

On a secret information that some miscreants have assembled near Malahi Pakri to commit some crime, a raid was conducted and this petitioner alongwith three other co-accused persons were arrested and upon search, one mobile phone, ATM Card, Driving License, Owner Book were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.18831 of 2021(2) dt.12-07-2021 2/3 It is submitted on behalf of petitioner that no arms or ammunition has been recovered from the possession of the petitioner and the recovered articles i.e. mobile, ATM Card etc. belong to the petitioner himself. Petitioner has completed B.Tech. and at present, he is preparing for competitive examinations in Patna. Petitioner has got clean antecedent and he is in custody since 16.10.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named 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 learned A.C.J.M.-VIII, Patna in connection with Patrakar Nagar P.S. Case No. 655 of 2020, on the following conditions: "(1) Petitioner shall cooperate 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

Patna High Court CR. MISC. No.18831 of 2021(2) dt.12-07-2021 3/3 cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T