Avinash Kumar @ Mangla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 13996 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Avinash Kumar @ Mangla Son of Manoj Kumar Singh Resident of village - Madhurapur, Bichla Tola, Ward No.- 25, P.S.- Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks form today. The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

The prosecution case, in short, is that the informant got information that the petitioner on motorcycle near his house has fired on a person and abusing. To verify the information, informant arrived at the house of the petitioner and saw that a person was trying to flee from there but with the help of police, he was apprehended and during the course of investigation, he

Patna High Court CR. MISC. No. 13996 of 2022(2) dt.16-08-2022 2/3 disclosed his name as Avinash Kumar @ Mangla. On search, one country-made pistol with one fired cartridge in chamber and one live cartridge was recovered from the possession of the petitioner.

Learned Counsel for the petitioner submits that the petitioner is innocent and he has been implicated in this case due to village politics. It is further submitted that nothing has been recovered from the possession of the petitioner, so far the Pulsor motorcycle bearing Registration No. BR7J-6797 has been registered in the name of the petitioner. The petitioner is in custody since 10.01.2022, charge-sheet has been submitted. It is submitted that prior to the present case the petitioner has no antecedent but subsequently, he has been made accused in Teghra P.S. Case No. 7 of 2022.

Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 6 of 2022, subject to the following

Patna High Court CR. MISC. No. 13996 of 2022(2) dt.16-08-2022 3/3 conditions:-

1. Petitioner shall co-operate in trail and shall be properly represented on each and every dated fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates with sufficient reason, his/her bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister or his wife.

3. 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.

(Khatim Reza, J) shanu/- U T