Akash Kumar @ Akash Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13711 of 2022 Arising Out of PS. Case No.-777 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== AKASH KUMAR @ AKASH RAJ, SON OF MANOJ KUMAR CHAUDHARY R/O VILLAGE- BEDAULIYA, P.S.- JANDAHA, DISTRICT- VAISHALI (BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar @ Vijay Kr. Singh For the Opposite Party/s :
Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Sadar (Muzaffarpur) P.S. Case No. 777 of 2021 dated 20.11.2021, registered for the offences punishable under Sections 25(1b)a/26/35 of the Arms Act. As per allegation, one live cartridge and one country made pistol was seized from the petitioner. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that charge-sheet has been submitted against the petitioner. He also submits that he is
2/4 in custody since 20.11.2021 and charge has yet not been framed. He further submits that the petitioner is a student and police has arrested him only on suspicion while he was returning home.
It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated that the petitioner has no criminal antecedent.
However, the learned APP for the State has opposed the prayer for bail.
Considering the facts and circumstances, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Sadar (Muzaffarpur) P.S. Case No. 777 of 2021, after framing of charge, on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
3/4 (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
4/4 The court below is directed not to delay this case unnecessarily.
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) ashishkr/- U T