Sintu Kumar @ Sintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16246 of 2022 Arising Out of PS. Case No.-515 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sintu Kumar @ Sintu Yadav Son of Late Rajendra Yadav Resident of Village - Audhe, P.s.- Sheikhpura (O.P. Hathiyawan), Distt.- Sheikhpura. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2022 Heard counsel for the parties.

The petitioner is in custody in connection with Sheikhpura P.S. Case No. 515 of 2021 under section 25(1-b)a, 26 of the Arms Act.

Allegation against him is that the police upon information chased and caught hold of the petitioner and upon search a country made pistol and six cartridges were recovered. As he failed to provide any document relating to the said arm, seizure list made and the petitioner was arrested. Learned counsel for the petitioner submits that only because he has criminal antecedent, he has been implicated in this case and has already suffered by being in jail since 4.10.2021 (as stated in para-6 of the bail application). Taking into account the aforesaid fact that chargesheet stands submitted and the petitioner is in custody since 4.10.2021, this Court is inclined to grant him the privilege of

Patna High Court CR. MISC. No.16246 of 2022(2) dt.12-07-2022 2/2 bail with certain condition in view of the fact that he has criminal antecedent. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura, in connection with Sheikhpura P.S. Case No. 515 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T