Mukesh Kumar @ Sumit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28389 of 2022 Arising Out of PS. Case No.-3 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== MUKESH KUMAR @ SUMIT SON OF LALU SINGH R/O VILLAGECHAKVYAS, P.S.- GORAUL, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and the learned APP for the State.

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 Kudhani (Turki OP) P.S. Case No.03/2022 instituted under Section 399,402,414,34 of the IPC and under Section 25(1-b) a, 26,35 Arms Act.

As per the allegation in the FIR, the police upon information intercepted/apprehended the accused persons and it is alleged that from this petitioner, a countrymade pistol was recovered/seized.

Taking into account the fact that the charge-sheet stands submitted and the petitioner is in custody since 04.01.2022 (as stated in para-12 of the bail application), this Court is inclined to grant him privilege of bail with conditions in view of the fact that he has

Patna High Court CR. MISC. No.28389 of 2022(2) dt.25-08-2022 2/2 criminal antecedent of the same nature.

Let the petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each in connection with Kudhani (Turki OP) P.S. Case No.03/2022 to the satisfaction of learned ACJM, Ist, Muzaffarpur (West), 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 month for next one year to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

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