Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27706 of 2022 Arising Out of PS. Case No.-521 Year-2021 Thana- RAHUI District- Nalanda ====================================================== Suraj Kumar Son Of Munna Ram R/O Village- Dariyapur, P.S.- Fatuha, District- Patna, At Present Village- Indwas, P.S.- Rahui, District- Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2022 Heard Mr. Raj Kishore Prasad, learned counsel for the petitioner and the learned APP who represents the State. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under section25(1-b)a/26/35 of the Arms Act, in connection with Rahui P.S. Case No. 521 of 2021.

As per the prosecution story, the police intercepted and searched the body of the accused persons including the petitioner herein and it is alleged that a country made loaded pistol and a mobile were recovered/seized from him and in view of the fact that he failed to produce any document relating to the said seizure, he was arrested.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.27706 of 2022(2) dt.01-09-2022 2/3 despite the fact that he has no criminal antecedent, is in custody since 14.10.2021 (as stated in para-16 of the bail application). He further submits that he is a young boy pursuing studies and needs a chance to reform himself.

Considering the aforesaid facts that he is a young person and has no criminal antecedent and is in custody since 14.10.2021, this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Nalanda at Biharsharif, in connection with Rahui P.S. Case No. 521 of 2021 subject to the following conditions:

(i) one of the bailors should be the family members 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 his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police

Patna High Court CR. MISC. No.27706 of 2022(2) dt.01-09-2022 3/3 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 to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T