Ansh Kumar @ Tipo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27753 of 2023 Arising Out of PS. Case No.-332 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== ANSH KUMAR @ TIPO S/o Rajiv Singh R/o Vill.-Barauni flag-01, P.S.- Teghra, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Tegra P.S. Case No. 332 of 2022 registered for the offence under Sections 25(1-B)a, 26 and Arms Act.

The petitioner is apprehended having unlawful possession of one country made pistol along with one cartridge and one mobile.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that it appears form the F.I.R. and the seizure list that one country made pistol along with one cartridge and one mobile has been recovered from the conscious possession of the petitioner. He

Patna High Court CR. MISC. No.27753 of 2023(3) dt.21-07-2023 2/3 further contends that, in fact, nothing incriminating has been recovered from the conscious possession of the petitioner rather the recovery has been planted with ulterior motive. He further submits that Section 100 of the Cr.P.C. has not been compiled by the prosecution while preparing the seizure list. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. Moreover, similarly situated co-accused, namely, Sailesh Kumar @ Raja@ Shailesh Kumar, Sunny Kumar @ Sunni Kumar and Karan Kumar have already been granted bail by a co-ordinate Bench of this Court vide order dated 17.05.2023, 09.05.2023 and 14.07.2023 passed in Cr. Misc. No. 18758 of 2023, Cr. Misc. No. 15656 of 2023 and Cr. Misc. No. 40702 of 2023. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 04.12.2022.

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 Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case No. 332 of 2022 with the following conditions:-

Patna High Court CR. MISC. No.27753 of 2023(3) dt.21-07-2023 3/3

(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.

(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) brajesh/- U T