Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 28453 of 2023 Arising Out of PS. Case No.-199 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== Bipin Kumar Son Of Bahadur Paswan Resident Of Village - Etabandh, P.S.- Chandradeep, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Govindpur P.S. Case No. 199 of 2022 registered on 13.06.2022 lodged under Sections 25(a)/1(a)/1(aa)/1(1b)ab/26(1)(2)/35 of the Arms Act.

As per the prosecution case, the recovery of one pistol and twenty live cartridges has been made from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 14.06.2022 having

Patna High Court CR. MISC. No. 28453 of 2023(2) dt.07-06-2023 2/3 two criminal cases pending against him. Counsel submits that within a span of two days, all the three cases were filed by the police against the petitioner. He also submits that other coaccused person has been granted bail by the Co-ordinate Bench of this Court vide order dated 16.05.2023 in Cr. Misc. No. 20007 of 2023.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with Govindpur P.S. Case No. 199 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall

Patna High Court CR. MISC. No. 28453 of 2023(2) dt.07-06-2023 3/3 file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T