Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24723 of 2021 Arising Out of PS. Case No.-507 Year-2020 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Suraj Kumar Son of Brajesh Prasad Resident of Village - Mansoor Nagar, Bari Path, P.S. - Sohsarai, Dist. - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Upendra Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Laheri P.S. Case No. 507 of 2020, registered for the offence under Section 25(1-b)a/26 of the Arms Act.

As per the prosecution case, one country-made loaded pistol with one live cartridge and one motorcycle have been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. The motorcycle, in question, is not stolen one. Petitioner has got clean antecedent and is in custody since 04.12.2020.

Learned A.P.P. for the State has opposed the bail petition.

Patna High Court CR. MISC. No.24723 of 2021(2) dt.20-07-2021 2/2 Considering the period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner 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 A.C.J.M.-V, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 507 of 2020, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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."

(Prabhat Kumar Singh, J.) anay U T