Krishna Kumar @ Krishna Kumar Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29744 of 2023 Arising Out of PS. Case No.-693 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== KRISHNA KUMAR @ KRISHNA KUMAR RAJ S/o- GUDDU PRASAD R/o- Shivpuri Urantola Ps- Gardanibagh Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar Pushkar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Gardanibagh P.S. Case No. 693 of 2022 registered for the offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

As per prosecution case, one country made pistol was recovered from the waist of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 19.11.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is quiet innocent and has been falsely implicated in the case.

Patna High Court CR. MISC. No.29744 of 2023(2) dt.12-06-2023 2/3 The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class or successor court, Patna in connection with Gardanibagh P.S. Case No. 693 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.29744 of 2023(2) dt.12-06-2023 3/3 for cancellation of bail.

(Alok Kumar Pandey, J) vashudha/- U T