Madhurendra Singh @ Madhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17753 of 2023 Arising Out of PS. Case No.-218 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== MADHURENDRA SINGH @ MADHU SINGH Son of Kaushal Kishore Singh @ Kaushalakishor Singh Resident of village - Ijorbara (Anjor Bara), P.S.- Phenhara, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 01.09.2022 in connection with Pakridayal P.S. Case No. 218 of 2022, F.I.R. dated 01.09.2022 registered for the offence punishable under Sections 25(1-B)a,26,35 of Arms Act. The case relates to recovery of one loaded pistol, six live cartridges and one motorcycle from possession of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. Further submits that from bare perusal of the FIR as well as the seizure list it appears that one loaded pistol and six live

Patna High Court CR. MISC. No.17753 of 2023(3) dt.27-06-2023 2/3 cartridges and one motorcycle were recovered from possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is owner of the motorcycle in question and the motorcycle belonged to the petitioner and there is noncompliance of Section 100 of Cr.P.C. and the police, after investigation, has submitted the chargesheet against the petitioner and the petitioner is in custody since 01.09.2022. Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries five more case other than the present one but he fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

Considering the aforesaid facts, let the petitioner, above named, 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 C.J.M., Motihari, East Champaran in connection with Pakridayal P.S. Case No. 218 of 2022,with 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 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.17753 of 2023(3) dt.27-06-2023 3/3 reason, his/her 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) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T