Dhananjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34041 of 2021 Arising Out of PS. Case No.-261 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== DHANANJAY KUMAR SINGH Son of Amar Kumar Singh Resident of Mohalla Harpurkala, Ward No. 7, P.S. - Majorganj, District - Sitamarhi (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-11-2021 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 the learned A.P.P. for the State.

The petitioner seeks bail in connection with Riga P.S. Case No. 261 of 2020 registered for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act. The case relates to recovery of one country made pistol along two live cartridges.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. In fact, no incriminating articles have

Patna High Court CR. MISC. No.34041 of 2021(2) dt.30-11-2021 2/3 been recovered from the conscious possession of the petitioner. The petitioner is languishing in custody since 04.09.2020 i.e. more than one year. The period of incarceration of the petitioner clearly suggests that the petitioner has sufficiently been punished for the alleged recovery. Hence, the petitioner may be enlarge of regular bail.

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

Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Additional Chief Judicial Magistrate-I, Sitamarhi in connection with Riga P.S. Case No. 261 of 2020 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.34041 of 2021(2) dt.30-11-2021 3/3

(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.

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) braj/- U T