Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19689 of 2022 Arising Out of PS. Case No.-232 Year-2021 Thana- GURUA District- Gaya ====================================================== Suraj Kumar Son of Bachchu Paswan Resident of Village - Bhalua, P.s.- Bodhgaya, Distt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2022 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 Gurua P.S. Case No. 232 of 2021 lodged under Sections 399 and 402 of the Indian Penal Code and 25(1-b)A, 26 and 35 of the Arms Act.

The prosecution case is that on 06.10.2021 at about 4 O' clock 7-8 persons standing and upon looking the police they started fleeing. 5 persons were caught and three persons were managed to escape. The petitioner was one of the person who has been caught by the police and from his possession one loaded pistol and 5 live cartridges have been recovered. The

Patna High Court CR. MISC. No.19689 of 2022(2) dt.27-07-2022 2/3 petitioner is also accused in 3 more cases has mentioned in paragraph 3 of the bail application.

Learned counsel for the petitioner submits that there is recovery from the petitioner's possession and he is in custody since 07.10.2021 there is more than 8 months. He also submits that charge sheet has already been filed in this case. He has submitted that in the cases he was remanded by the police as a result of which the antecedent has developed against him. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Sherghati, Gaya in connection with Gurua P.S. Case No. 232 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 without sufficient cause, shall resulted into cancellation of his

Patna High Court CR. MISC. No.19689 of 2022(2) dt.27-07-2022 3/3 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.) guddu/- U T