Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18885 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Aman Kumar Son Of Arbind Kumar Mishra R/O Village- Singhrahiya, P.S.- Sahiyara, District- Sitmarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh Ms. Divya Bgharti, Advoates For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)A, 26, 35 of the Arms Act. One knife and one cutting plier have been recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that it appears from the F.I.R. as well as seizure list that no arms have been recovered from the possession of the petitioner but in fact

Patna High Court CR. MISC. No.18885 of 2022(4) dt.22-08-2022 2/3 one knife and one cutting plier have been recovered from the possession of the petitioner. He further submits that no case is made out under the Arms Act and the co-accused namely Ashish Anand has been granted bail by a Coordinate Bench of this Court vide order dated 12.05.2022 in Cr. Misc. No. 19520 of 2022 and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 26.01.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sitamarhi P.S. Case No. 65 of 2022, with 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 and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.18885 of 2022(4) dt.22-08-2022 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, 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 antecedents, 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) Ibrar//- U T