Aditya Ranjan @ Kanhaiya Singh @ Kanhai Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16046 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Aditya Ranjan @ Kanhaiya Singh @ Kanhai Singh Son of Umesh Prasad Singh Resident of village - Pokhar Bhinda, P.S.- Sahiyara, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashhar Mustafa, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-08-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Patliputra P.S. Case No. 179 of 2021 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 24.03.2021.

The allegation against the petitioner is to have in possession of one country made pistol and three live cartridges. It is also alleged that cash of Rs.5,25,000/- (Rupees Five Lakh Twenty Five Thousand) and also a fire arm were recovered from the room of the petitioner.

Patna High Court CR. MISC. No.16046 of 2022(2) dt.03-08-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the accusation of petitioner in the present case is only due to his criminal antecedents, which are 15 cases, where petitioner is either acquitted or on bail in 12 cases. It is further submitted that petitioner is in custody since 24.03.2021, where trial is yet to commence. While concluding the argument, it is submitted that investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and considering the period in custody coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Patliputra P.S. Case No. 179 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Patna/concerned Court, subject to the following conditions: "(i) That accused/petitioner shall not involve in the similar nature of offence

Patna High Court CR. MISC. No.16046 of 2022(2) dt.03-08-2022 3/3 till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(iii) That one of the bailors shall be Abhishek Pratap Singh, who is the cousin of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T