Akindra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26735 of 2021 Arising Out of PS. Case No.-44 Year-2014 Thana- RAJEPUR District- East Champaran ====================================================== AKINDRA PRASAD Son of Sitaram Prasad Resident of Village - Bara Bishunpur, P.S. - Rajepur, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-09-2021 Heard the parties in virtual court proceeding. Let the defect(s) be removed within four weeks of start of the physical court.

The petitioner is languishing in custody for the offences punishable under Sections 25(1-b) a, 26, 35 of the Arms Act and Section 17 of C.L.A. Act.

Submission is that the firearm was not recovered from possession of the petitioner rather name of the petitioner surfaced in the confessional statement of co-accused and due to two earlier criminal cases against the petitioner, this case has been registered for the offence under Section 17 of the C.L.A. Act also.

Considering lack of sufficient material against the petitioner for further detention as under trial prisoner after

Patna High Court CR. MISC. No.26735 of 2021(2) dt.20-09-2021 2/2 completion of the investigation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Rajepur P.S. Case No. 44 of 2014, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T