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Patna High CourtCR. MISC./28159/2022bail granted

Ajeet Kumar v. The State Of Bihar

2022-09-02Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28159 of 2022 Arising Out of PS. Case No.-549 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== Ajeet Kumar, Son Of Umesh Prasad Singh R/O- Vill- Barandi, P.S.- Katri Sarai, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-09-2022 None appears on call through virtual mode in view of COVID-19.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Giriak (Katrisarai) P.S. Case No.549/2021 instituted under Section 25(1-b)a/26/35 of the Arms Act.

As per the prosecution story, the police during patrolling, upon noise, reached the place and found some persons trying to escape. They were caught hold of and in presence of independent witnesses, they were searched and one loaded countrymade pistol was recovered. It was the petitioner herein. As he failed to submit any document the same was seized and he was taken into custody.

Further, as s per the bail application, the petitioner is

Patna High Court CR. MISC. No.28159 of 2022(2) dt.02-09-2022 2/3 in custody since the date of occurrence (13.11.2021) and has no criminal antecedent, this Court is inclined to grant him privilege of bail. However, if it is found that he do have criminal antecedent, this bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Giriak (Katrisarai) P.S. Case No.549/2021 to the satisfaction of learned A.C.J.M., Ist, Nalanda at Biharsharif, subject to following conditions:

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty

Patna High Court CR. MISC. No.28159 of 2022(2) dt.02-09-2022 3/3 to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Prakash Narayan /- U T