Birendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17181 of 2023 Arising Out of PS. Case No.-348 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== BIRENDRA DAS Son of Ganesh Das R/V- Gobardaha, PS- Laxmipur Distjamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Adv.

For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 19.10.2022 in connection with Laxmipur P.S. Case No.348/2022, F.I.R. dated 19.10.2022, for the offences punishable under Sections 25(1-b)A and 26 of the Arms Act. According to prosecution case, one country made loaded pistol and one live cartridge have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that one country made loaded pistol and one live cartridge have been recovered from the possession of the petitioner. He

Patna High Court CR. MISC. No.17181 of 2023(2) dt.17-05-2023 2/3 further submits that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the joint house of the petitioner and there is noncompliance of Section 100 of the Cr.P.C. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 19.10.2022.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two criminal antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that out of two cases, the petitioner has been acquitted in one case and in another case, the petitioner is on bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Sri Sanjeev Kumar, J.M.1st Class, Jamui, in connection with Laxmipur P.S. Case No.348/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.17181 of 2023(2) dt.17-05-2023 3/3 and shall remain physically present as directed by the court 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T