Pawan Kumar @ Pawan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18088 of 2022 Arising Out of PS. Case No.-507 Year-2021 Thana- NAWANAGAR District- Buxar ====================================================== Pawan Kumar @ Pawan Kumar Singh Son of Gorakh Nath Singh Resident of village - Sikraul Lak, P.S. - Sikraul, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parijat Saurav, Advocate.

For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nawanagar P.S. Case No. 507 of 2021 lodged under Sections 25(1-b)a/26 of the Arms Act.

In this case, recovery of one Desi Katta and 6 live cartridges have been made from the possession of petitioner. Learned counsel for the petitioner submits that due to political rivalry the present case has been implanted against petitioner. He further submits that petitioner is in custody since 21.12.2021 and chargesheet has already been filed in this case. On the point of his criminal antecedent, learned counsel for the

Patna High Court CR. MISC. No.18088 of 2022(3) dt.03-08-2022 2/3 petitioner submits that petitioner is a law abiding citizen, it is true that there were 11 cases pending against him but he has contested all the cases and in 5 cases [3 (VII) to 3 (XI)] he was acquitted, in one case he has completed his period of sentence and in rest cases he is on bail. Learned counsel for the petitioner further submits that petitioner is an elected representative of 'Panchayat' and there is no chance of his absconding from the case. He is ready to obey every condition which shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar/ successor court in connection with Nawanagar P.S. Case No. 507 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.18088 of 2022(3) dt.03-08-2022 3/3 without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T