Patna High CourtCR. MISC./29369/2024bail granted

Ajit Kumar v. The State Of Bihar

2024-10-25Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29369 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- CHANDAN District- Banka ====================================================== Ajit Kumar Son of Panchanand Yadav Resident of village - Jakha, P.S.- Jasidih, District - Deoghar (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2024 Heard the learned counsel for the petitioner and learned APP for the State Shri Jharkhandi Upadhyay.

2. The counter affidavit on behalf of the Superintendent of Police, Banka is filed by Shri Jharkhandi Upadhyay and the same has been perused.

3. It has been reported by the Superintendent of Police, Banka that the seized pistol is not made in USA but it is a country made pistol.

4. The petitioner seeks bail in connection with Chandan (Anandpur) P.S. Case No. 28 of 2024 registered for the offence under Section 25(1-B)a, 26, 27, 35 of the Arms Act.

5. The recovery is of one country made pistol from the petitioner.

Patna High Court CR. MISC. No.29369 of 2024(5) dt.25-10-2024 2/3

6. The petitioner claims to have clean antecedent and he is in custody since 22.2.2024.

7. Considering the report of the Superintendent of Police, Banka and also considering the period of custody, this application is allowed.

8. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Banka in connection with Chandan (Anandpur) P.S. Case No. 28 of 2024.

9. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the criminal antecedent of the petitioner. If the Court below finds that the petitioner has no criminal antecedent, his bail bonds shall be accepted. If the Court below finds that the petitioner is involved in any other case, his bail bonds shall not be accepted.

10. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Jasidih Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

Patna High Court CR. MISC. No.29369 of 2024(5) dt.25-10-2024 3/3

11. Let a copy of this order be communicated to the Superintendent of Police, Deoghar through FAX for its compliance.

(Sandeep Kumar, J) Vikas/- U T