Patna High CourtCR. MISC./17494/2023bail granted

Devanand Kumar v. The State Of Bihar

2023-03-29Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17494 of 2023 Arising Out of PS. Case No.-442 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Devanand Kumar, Son of Bachchu Ray R/O Village- Bhartiya Nagar, Ward No.26, P.S.- Saharsa, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-03-2023 Heard Mr. Chandra Mohan Jha, learned counsel appearing on behalf of the petitioner and Mr. Murli Dhar, learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Begusarai Town P.S. Case No. 442 of 2021, for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

3. Learned counsel appearing on behalf of the petitioner submits that earlier the prayer for bail of the petitioner was rejected vide order dated 13.05.2022 passed in Criminal Miscellaneous No. 67984 of 2021 with observation to renew the prayer for bail after nine months. He further submitted that three cases are pending against the petitioner, but in all three cases the petitioner has already been released on bail. The trial has not been concluded till date. The petitioner is in custody since

Patna High Court CR. MISC. No.17494 of 2023(2) dt.29-03-2023 2/3 15.07.2021.

4. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

5. Considering the nature of allegation and observation made vide order dated 13.05.2022 passed in Criminal Miscellaneous No. 67984 of 2021, the trial is also not likely to be concluded in near future, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Begusarai in connection with Begusarai Town P.S. Case No. 442 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take

Patna High Court CR. MISC. No.17494 of 2023(2) dt.29-03-2023 3/3 steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T