Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21949 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- GANDHIMAIDAN District- Patna ====================================================== Pradeep Kumar Son Of Bisheshwar Manjhi R/O Village- Manohar Bigha, P.S.- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Gandhi Maidan P.S. Case No. 393 of 2020, registered for the offence punishable under Sections 25(1-B)a, 26 of the Arms Act.

As per the prosecution case, one country made pistol and one live cartridge has been recovered from a Scorpio vehicle and petitioner being driver was apprehended by the police.

It is submitted on behalf of the petitioner that no arms and ammunitions have been recovered from conscious possession of this petitioner and petitioner being driver was not

Patna High Court CR. MISC. No.21949 of 2021(3) dt.26-07-2021 2/2 aware about the arms and ammunitions which were kept in the vehicle and he was simply following the instruction of owner of the vehicle. Petitioner claims clean antecedent and he is in custody since 20.12.2020. Investigation is complete. Considering the period of custody and the fact that no arms and ammunitions have been recovered from conscious possession of this petitioner, the petitioner above-named, is directed to be enlarged 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 learned Additional Chief Judicial Magistrate XIV, Patna in connection with Gandhi Maidan P.S. Case No.

393 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.