Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13245 of 2022 Arising Out of PS. Case No.-8 Year-2021 Thana- KALYANPUR District- East Champaran ====================================================== PRADEEP KUMAR S/o Surendra Prasad R/o Vill Phuttakiya, P.S.- Kesariya, Dist. East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-03-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Kalayanpur P.S. Case No. 08 of 2021, for the offence punishable under Section 25(1-b)a, 26 and 35 of the Arms Act. The prosecution story, in brief, is that petitioner along with other co-accused were apprehended while committing road robbery and on search Rs. 1000/- was recovered from the possession of the petitioner and arms was recovered from the possession of the co-accused Deepak Kumar.

Learned counsel appearing on behalf of the petitioner submits that the he has falsely been implicated in this case, the arms was shown to be recovered from the possession of one

Patna High Court CR. MISC. No.13245 of 2022(2) dt.30-03-2022 2/3 Deepak Kumar while only Rs. One thousand was recovered from the possession of the petitioner, which was his own earned money. The petitioner is in custody since15.01.2021 and seeks direction of this Court to be released on bail. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, without going into the merits of the case considering the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Kalayanpur P.S. Case No. 08 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.13245 of 2022(2) dt.30-03-2022 3/3 to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T