Awadhesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36591 of 2021 Arising Out of PS. Case No.-556 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== AWADHESH SAH S/O RAM BILASH SAH R/o village- Kaswa Kadamwa, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under section 25(1-B)a/26/35 of the Arms Act.

As per the prosecution case, 11 cartridges have been recovered from the house of the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery as the house in question is the joint family property. Petitioner is in custody since 11.9.2020. Investigation is complete. Several similarly situated co-accused have already been allowed bail by co-ordinate bench of this Court vide order mentioned in paragraph 14 of the bail

Patna High Court CR. MISC. No.36591 of 2021(2) dt.16-09-2021 2/2 petition.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, 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 Additional Chief Judicial Magistrate V, Sikrahana at Dhaka, East Champaran Ghorasahan Police Station Case No. 556 of 2017 on 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 cancelled 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.

(Prabhat Kumar Singh, J) shashi/- U T