Vishesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37564 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- BUXAR District- Buxar ====================================================== Vishesh Kumar, male, aged about 30 years, S/o Bigan Prasad R/o MohallaNayi Bazar, Ward No.-04, P.S.- Nagar, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shantanu Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2021 Heard learned counsel for petitioner and learned counsel for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Buxar Town PS Case No. 34 of 2020, instituted for the offence under Sections 341, 323 and 504 of the Indian Penal Code and Sections 25(1-b)a, 26 of the Arms Act.

There is alleged recovery of one katta and cartridges from

Patna High Court CR. MISC. No.37564 of 2021(2) dt.13-12-2021 2/3 the petitioner. The allegation is that he had come to the informant's shop, intimidating and demanding Rangdari. Recovery is later on by the Tiger Mobile Police Force. It is submitted that the recovery is not in accordance with law. He is in custody since 22.02.2021. At lest three of the sections, for which, the case has been lodged are bailable in nature. He has one criminal antecedents, as per paragraph No. 3 of the bail petition, and he is stated to be on bail in the said case. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions, 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 Buxar, in connection with Buxar (Town) PS Case No. 34 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.37564 of 2021(2) dt.13-12-2021 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U